Terms and Conditons

AGREEMENT 

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

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

• Not click the button stating ‘I Agree’.

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

1. Definitions

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

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

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

2. The Services

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

2. Clients who fulfill the instructions provided on the Services and Pricing pages of this website will be given either a Tax Computation or a completed Tax Return, depending on the selected service package. For the self-filing package, Clients will receive a Tax Computation along with a step-by-step guide to assist in preparing and submitting their own Tax Returns. For services where the Tax Return is prepared on behalf of the Client, a completed Tax Return may be provided for consideration by the Tax Assessor at the Inland Revenue Department.

3. For Clients using the self-filing package, the Tax Computation and related guidance are provided to assist with independent preparation and submission of the Income Tax Return. For Clients receiving a completed Tax Return from this service, submission to the Inland Revenue Department is subject to the terms and conditions of this Agreement, and Clients must review and agree to the contents of the provided Tax Return prior to submission.

3. Limitation of Liability

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

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

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

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

4. Data protection

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

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

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

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

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

5. agree not to permit any processing of personal data by any third party without Client’s consent unless there is value being created for the client or the potential for the client to save money in terms of Section 13 below;

5. Force Majeure

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

6. Indemnity

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

7. Warranties and representations

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

8. Governing law and dispute resolution

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

9. Termination

This Agreement may be terminated;

1. By mutual consent of the Parties.

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

3. By the Service provider without prior written notice to the client, as it is an online platform and service, for non-payment of fees or periodic subscription payments within 7 days of the due date or notice of payment or request for payment. 

10. Post termination obligations

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

11. Notices

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

Attn.

The Managing Director

MY ONLINE (PRIVATE) LIMITED

247D, R.A. De Mel Mawatha, Colombo 3. tax@lanka.tax

Tel: +94-7-1314-0000

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

12. General

1. Neither Party shall assign its rights or obligations under this Agreement to a third party without the prior written consent of the other Party, except in a situation where the third party is a related party of the Service Provider or an acquirer of the Service Provider, its shares, technology, clients or similar reorganization of the Service Provider ;

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

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

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

13. Client Usage and Offers

1. The Client may use the platform of the Service Provider and download documents as part of the services provided. However, by using the platform, the Client agrees that the Service Provider may send useful customized offers, deals, promotions to the Client. These offers, which may be from the Service Provider or its partners, are intended to provide value and be beneficial to the Clients by helping them save time, money, or effort.

14. Amendments to Terms and Conditions

1. The Service Provider reserves the right to change or update these terms and conditions from time to time at its sole discretion. Any changes will be effective immediately upon being posted on the platform/website of the Service Provider, and continued use of the platform by Clients constitutes acceptance of the revised terms and conditions.