Terms and Conditions

These terms and conditions apply to your visit to and your use of our website at www.tuktukSL.com (the “Website”), the Service (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website and the Service.
All services provided by tuktukSL.com to you by means of your use of the Website are hereafter referred to as the “Service”.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR SERVICE. YOU ACKNOWLEDGE THAT BY USING THE SERVICES YOU AGREE TO THESE TERMS.
tuktukSL.com is a domain listed under TTSL Rental (PVT) LTD.
Your contracting partner is, TTSL Rental (PVT) LTD. a private limited liability company established in Sri Lanka in 2023, having its office at 21 Mahavihara road, wadduwa, Sri Lanka, 12560 (“tuktukSL.com”).

WHAT SERVICES DOES TUKTUKSL.COM PROVIDE?

tuktukSL.com.com offers information and a means to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the “Transportation Provider“), which may be requested through the use of the Website. The Website Services enable an authorized Transportation Provider to seek, receive and fulfill requests for transportation services from an authorized third party driver or vehicle operator.

HOW IS A CONTRACT CONCLUDED BETWEEN TUKTUKSL.COM AND YOU?

By using the Website or the Service, you enter into a contract with tuktukSL.com.com (the “Contract“). In order to be able to use the Website you are obligated to provide tuktukSL.com. with your personal information, mobile telephone number and credit card data.

You have to be 18 years of age or older to use the Service or Website. If you reside in a jurisdiction that restricts the use of the Service or Website because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Website. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Website.

HOW TO USE THE SERVICE AND THE WEBSITE

The Website allows you to send a request for transportation service to a Transportation Provider. The Transportation Provider has sole and complete discretion to accept or reject each request for transportation service. The Transportation Provider also has sole and complete discretion over whether to use the Website to receive the leads generated through the Website. The Website will notify you if the Transportation Provider is not able to supply the service request. tuktukSL.com shall procure reasonable efforts to bring you into contact with a Transportation Provider in order to obtain transportation services, subject to the availability of Transportation Providers for your request of transportation services. Given unforeseen circumstances, if the initial Transport Provider is no longer available, the closest equivalent Transport Provider will be procured and given at the same rate.

For the avoidance of doubt: tuktukSL.com itself does not provide transportation services, and tuktukSL.com is not a transportation carrier nor provider. It is up to the Transportation Provider to offer transportation services, which may be requested through the use of the Website and/or the Service. tuktukSL.com only acts as intermediary between you and the Transportation Provider. The provision of the transportation services by the Transportation Provider to you is therefore subject to the agreement (to be) entered into between you and the Transportation Provider. tuktukSL.com shall never be a party to such agreement.

YOUR USE OF THE WEBSITE OR THE SERVICE

You warrant that the information you provide to tuktukSL.com is accurate and complete. tuktukSL.com is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Website without providing reasons.

You may only access the Service using authorized means. It is your responsibility to check to ensure you use the correct Website. tuktukSL.com is not liable if you use the wrong Website. tuktukSL.com reserves the right to terminate the Service and the use of the Website should you be using the Service or Website in an unauthorized manner at any time without notice.

By using the Website or the Service, you further agree that:

  1. You will only use the Service or Website for your sole, personal use and will not resell it to a third party;
  2. You will not authorize others to use your account;
  3. You will not assign or otherwise transfer your account to any other person or legal entity;
  4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  5. You will not use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  6. You will not use the Service or Website to cause nuisance, annoyance or inconvenience;
  7. You will not impair the proper operation of the network;
  8. You will not try to harm the Service or Website in any way whatsoever;
  9. You will not copy, or distribute the Website or other tuktukSL.com Content without written permission from tuktukSL.com;
  10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Website;
  11. You will provide us with whatever proof of identity we may reasonably request; and
  12. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Website or Service.

PAYMENT

The use of the Website is free of charge. The rates that apply for the transportation services by the Transportation Provider can be found on the Website and through the Website. These may be modified or updated by tuktukSL.com from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.

tuktukSL.com shall charge you for the transportation services provided to you by the Transportation Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that tuktukSL.com may charge your credit card account as provided by you when registering for the Service for the transportation services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing tuktukSL.com with a valid credit card account for payment of all fees at all times. After use of the services, any payment agreed to by those services is non-refundable.

tuktukSl.com uses a third-party payment processor (the “Payment Processor“) to link your credit card account to the Website and Service. The processing of payments or credits, as applicable, in connection with your use of the Website and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer. tuktukSL.com is not responsible for any errors by the Payment Processor. In connection with your use of the Services, tuktukSL.com will obtain certain transaction details as necessary to clarify payments.

INDEMNIFICATION

By accepting these User Terms and using the Website or Service, you agree that you shall defend, indemnify and hold tuktukSL.com, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

  1. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
  2. your violation of any rights of any third party, including Transportation Providers arranged via the Website, or
  3. your use or misuse of the Website or Service.

LIABILITY

The information, recommendations and/or services provided to you on or through the Website, the Service and the Website is for general information purposes only and does not constitute advice. tuktukSL.com will reasonably keep the Website and the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Website are free of errors, defects, malware and viruses or that the Website and/or Website are correct, up to date and accurate.

tuktukSL.com shall not be liable for any damages resulting from the use of (or inability to use) the Website or Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of tuktukSL.com.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, tuktukSL.com aggregate liability shall in no event exceed an amount of USD $250 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provider.

The quality of the transportation services requested through the use of the Website or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. tuktukSL.com under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behavior, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

Subject to your compliance with these User Terms, tuktukSL.com grants you a limited, non-exclusive, non-transferable license:

  1. to view, download and print any tuktukSL.com Content solely for your personal and non-commercial purposes; and
  2. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Website or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of tuktukSL.com. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by tuktukSL.com or its licensors, except for the licenses and rights expressly granted in these User Terms.

LICENSE GRANTED BY USER

For the purpose of this User Term the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Website), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“tuktukSL.com Content” means Content owned or used by tuktukSL.com, its affiliates or licensors and made available through the Website, Service or Website, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Website.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Website.
“Collective Content” means, collectively, tuktukSL.com Content and User Content.

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Website. User Content will be deemed non-confidential and non-proprietary. Accordingly, tuktukSL.com shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant“).

You acknowledge that tuktukSL.com only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. tuktukSL.com shall not be continuously monitoring User Content published by you or moderating between Users, nor shall tuktukSL.com be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of tuktukSL.com.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep tuktukSL.com, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by tuktukSL.com or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Website.

tuktukSL.com reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which tuktukSL.com believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to tuktukSL.com.

You agree to promptly notify tuktukSL.com in writing of any User Content which breaches these User Terms. You agree to provide to tuktukSL.com sufficient information to enable tuktukSL.com to investigate whether such User Content breaches these User Terms. tuktukSL.com agrees to make good faith efforts to investigate such complaint and shall take such action as tuktukSL.com in its sole discretion decides. However, tuktukSL.com does not warrant or represent that it will block or remove (in whole or in part) such user Content.

WEBSITE LICENSE

You shall not:

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Website in any way;
  2. modify or make derivative works based upon the Service or Website;
  3. create Internet “links” to the Service or “frame” or “mirror” any Website on any other server or wireless or Internet-based device;
  4. reverse engineer or access the Website in order to
  5. design or build a competitive product or service,
  6. design or build a product using similar ideas, features, functions or graphics of the Service or Website, or
  7. copy any ideas, features, functions or graphics of the Service or Website, or
  8. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Website.

You shall not:

  1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
  3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfere with or disrupt the integrity or performance of the Website, the Website or Service or the data contained therein; or
  5. attempt to gain unauthorized access to the Website, the Website or Service or its related systems or networks.

tuktukSL.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. tuktukSL.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that tuktukSL.com has no obligation to monitor your access to or use of the Website, Service, Website or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Website and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. tuktukSL.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that tuktukSL.com, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Website.

INTELLECTUAL PROPERTY OWNERSHIP

tuktukSL.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Website or the Service, or any intellectual property rights owned by tuktukSL.com. tuktukSL.com name, logo, and the product names associated with the Website and Service are trademarks of tuktukSL.com, its affiliated companies or third parties, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During the use of the Website and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Website and the Service and are beyond tuktukSL.com control.

During use of the Website and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Website or Service. These links take you off the Website, the Website and the Service and are beyond tuktukSL.com control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. tuktukSL.com is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

TERM AND TERMINATION OF THE CONTRACT

The Contract between tuktukSL.com and you is concluded for an indefinite period upon contract termination.

tuktukSL.com is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Website and the Service) if you:

  1. violate or breach any term of these User Terms, or
  2. in the opinion of tuktukSL.com, misuse the Website or the Service. tuktukSL.com is not obliged to give notice of the termination of the Contract in advance. After termination tuktukSL.com will give notice thereof in accordance with these User Terms.

INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.

If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

MODIFICATION OF THE SERVICE AND USER TERMS

tuktukSL.com reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Website or via email. tuktukSl.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

NOTICE

tuktukSL.com may give notice by means of a general notice on the Service or Website, or by electronic mail to your email address on record in tuktukSL.com account information, or by written communication sent by regular mail to your address on record in tuktukSl.com account information.

ASSIGNMENT

You may not assign your rights under these User Terms without prior written approval of tuktukSL.com.

APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of Sri Lanka. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Website (collectively, “Disputes”) will be settled exclusively by the competent court in Sri Lanka, unless you notify tuktukSL.com within one month after tuktukSL.com invoking its right pursuant to this provision to commence court proceedings in Sri Lanka, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.