TERMS AND CONDITIONS
Blue Wings Organization, herein referred to as “we,” “us,” or “our,” owns and operates this website. By accessing and using this website, including all information, software, and services it offers, you, the user, agree to abide by all the terms, conditions, policies, and notices outlined herein. Your use of the website indicates your acceptance of these terms, conditions, policies, and notices.
Your Use of the Website
You may use this website solely for your personal and non-commercial purposes. By using the website, you agree not to engage in any unlawful or prohibited activities as outlined in these General Terms and Conditions, thereby warranting to Blue Wings Organization your compliance with this condition.
Privacy Policy
By using this website, you explicitly consent to the collection, hosting, use, disclosure, and other processing or handling of information in accordance with the Blue Wings Organization’s Privacy Policy. This policy, available at http://www.bluewingslk.org/, may be amended by Blue Wings Organization at its sole discretion from time to time.
Accuracy, Completeness and Timeliness of Information on the Website
While we endeavor to furnish accurate information on our website, we cannot guarantee that the information provided is always precise, complete, or current. The materials presented on this website are intended for general informational purposes only. It is advisable not to solely rely on this information for decision-making without consulting primary or more accurate, complete, or timely sources. Any reliance on the materials available on this website is undertaken at your own risk.
Additionally, this website may include historical information, which is provided for reference purposes only and may not reflect current conditions. We reserve the right to modify the content of this website at any time without prior notice, although we are not obligated to update any information. You acknowledge that it is your responsibility to stay informed about any changes to the website.
Use of Materials From the Website
When you display, copy, download, or print any materials from the website, they are provided to you under a revocable license by Blue Wings Organization and/or its affiliates, suppliers, or licensors. Blue Wings Organization and/or its affiliates, suppliers, or licensors retain complete ownership and intellectual property rights over the materials.
Any other use of the materials on the website, including modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer, sale, or creation of derivative works, without the prior written permission of Blue Wings Organization, is expressly prohibited. Please contact us to obtain permission for any of these activities.
Blue Wings Organization
127/5A, CARMEL MAWATHA ,
ELKANDA, HENDALA,
WATTALA, 11300,
SRI LANKA.
+94 7111 03040
https://bluewingslk.org/contact
Materials You Submit
The website may include features allowing you to publish, upload, post, display, or otherwise submit information, comments, and other content (“Published Content”) that may be viewed by us, the general public, and other users. You are responsible for any Published Content, whether by you or someone using your computer. You agree not to Publish any content that is or may reasonably be considered libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. Published Content should not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Published Content.
We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. You may not use the website in any manner that could damage, disable, overburden, or impair any Blue Wings Organization server or interfere with others’ use and enjoyment of the website. You may not attempt to gain unauthorized access to restricted web pages or obtain materials or information through any means not intentionally made available by Blue Wings Organization.
If you publish content on the website, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You represent and warrant that you own or control all rights to the content you post, that the content is accurate and does not violate these General Terms and Conditions or any applicable terms and conditions, and that it will not cause harm to any person or entity. You agree to indemnify us, our affiliates, and respective directors, officers, employees, representatives, and agents for any claims arising from your Published Content. We assume no responsibility or liability for any content Published by you.
Disclaimers
Your use of this website is at your own risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature at any time. Blue Wings Organization expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website will be uninterrupted, error-free, secure, or virus-free, or that the information on the website will be complete, accurate, or timely.
If you download any materials from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from the download. No advice or information obtained from Blue Wings Organization or through the website shall create any warranty.
Blue Wings Organization does not make any warranties or representations regarding the results obtained from relying on the materials on this website. In certain states, the law may not permit the disclaimer of warranties, so all or portions of the above disclaimer may not apply to you.
Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that no member of the Blue Wings Organization group (as defined below) shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive, or any other damages relating to or resulting from (i) your use or inability to use this website or any other website you access through a link from this site, (ii) any actions we take or fail to take as a result of electronic mail messages you send us, (iii) the publishing of any information, comments, or other information on or to the website by you or any person using your computer, or (iv) the use by any third party of your username or password.
These damages include but are not limited to errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to or alteration of your transmissions or data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products, or materials available from this website, even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification
You agree to indemnify and hold harmless Blue Wings Organization, its affiliates, and their respective current, future, or former officers, directors, partners, employees, agents, contractors, licensors, suppliers, and their successors or assigns (collectively, the “Blue Wings Organization Group”) on demand, from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any member of the Blue Wings Organization Group. If directed by Blue Wings Organization, you shall defend the Blue Wings Organization Group against:
(i) All claims alleging that any information, data, or other materials provided or published by you in connection with the website or these General Terms and Conditions, or the use thereof by any member of the Blue Wings Organization Group, infringes, misappropriates, or otherwise violates any patent, trademark, copyright, trade secret, or other intellectual property, proprietary, or privacy right of a third party, or violates any law, rule, or regulation.
(ii) All claims arising from fraud, intentional misconduct, criminal acts, or gross negligence by you.
(iii) All claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.
Featured Links
This website may include hyperlinks to other internet websites for your information and convenience only. Blue Wings Organization does not control these other websites and is not responsible for their content. The inclusion of hyperlinks to such websites does not imply any endorsement or approval of the material on those websites or any association with their operators. To ensure you remain on this Blue Wings Organization website, please check the URL address provided in your browser.
Linking
Blue Wings Organization allows linking to content on our website, provided that such linking does not imply endorsement or promotion of any third party’s causes, ideas, websites, products, or services. Links should not utilize Blue Wings Organization’s content for inappropriate commercial purposes or in any manner that is unlawful or harmful to any other person or entity. Blue Wings Organization reserves the right to revoke permission for any link at our discretion.
Copyright
With the exception of material in the public domain under Sri Lankan copyright law, all content on the website, including software, HTML code, Java applets, Active X controls, and other code, is protected by applicable Sri Lankan and foreign copyright laws. Unless expressly provided otherwise in these General Terms and Conditions, you are prohibited from copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, modifying, rewriting, creating derivative works from, transferring, or selling any material from the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
Trademarks
The trademarks and service marks, including “Blue Wings Organization®,” used on this website are the property of Blue Wings Organization and its affiliates, protected by state and federal trademark laws. Other trademarks appearing on the website are used with permission from their respective owners. Unauthorized use of these trademarks may constitute trademark infringement, leading to substantial civil penalties.
Termination of Privileges
Blue Wings Organization reserves the right to suspend or terminate your privilege of using all or any portion of this website, including any accounts you may have established, at any time and without notice if, in Blue Wings Organization’s sole judgment, you breach any of these General Terms and Conditions, the Restricted Sites Terms and Conditions, or the Blue Wings Organization Privacy Policy, or for any other lawful reason.
Even after the termination of your privileges, certain paragraphs of these terms will still apply, including those regarding the Accuracy, Completeness, and Timeliness of Information on the Website; Use of Materials from the Website; Materials You Submit; Disclaimers; Limitation of Liability; Indemnification; Copyright; Trademarks; Termination Privileges; Jurisdiction; and Miscellaneous.
Changes to These General Terms and Conditions
Blue Wings Organization reserves the right to modify these General Terms and Conditions at any time by posting revised terms on the website. It is your responsibility to check periodically for any changes we may make. You can review the most current version of the General Terms and Conditions by clicking on the “Terms and Conditions” link located at the bottom of our web pages. Your continued use of the website constitutes your agreement to all changes made by Blue Wings Organization.
Jurisdiction
This website is controlled and operated by Blue Wings Organization from its Central office in Western Province, Sri Lanka. The General Terms and Conditions and your use of the website are governed by the laws of Sri Lanka. While it’s possible for you to access this website from anywhere in the world, we have no practical ability to prevent such access. This website is designed to comply with the laws of Sri Lanka. If you choose to access the website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
If any material on this website, or your use of the website, violates the laws of your location, then the website is not intended for you, and we request that you refrain from using it. You may not use or export materials from this website in violation of Sri Lankan laws and regulations. This website is not intended to subject Blue Wings Organization to the laws or jurisdiction of any state or country other than Sri Lanka.
In the event of a dispute under these General Terms and Conditions between you and Blue Wings Organization:
(i) The dispute shall be resolved in Sri Lanka; and
(ii) At the filing party’s election, it may be resolved either in a small claims court or by final and binding arbitration administered by the National Arbitration Forum/Tribunal under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties and not on any representative or class basis. Therefore, you acknowledge that you may not have access to a court (other than a small claims court) or jury.
Notwithstanding any other provision of these General Terms and Conditions, Blue Wings Organization may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to Blue Wings Organization or any third party claiming against Blue Wings Organization, due to delay arising out of such dispute resolution procedures.
Miscellaneous
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between you and Payment/Fee regarding the use of the website, superseding all prior or contemporaneous communications. However, the use of any Restricted Sites is governed by the Restricted Sites Terms and Conditions.
A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings related to the use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these General Terms and Conditions or this website, please Contact Us or write to us at:
Blue Wings Organization
127/5A, CARMEL MAWATHA ,
ELKANDA, HENDALA,
WATTALA, 11300,
SRI LANKA.
+94 7111 03040
https://bluewingslk.org/contact
RESTRICTED SITES TERMS AND CONDITIONS
By clicking the “I Agree” button that follows these terms and conditions (“Restricted Sites Terms and Conditions”) or otherwise accessing or using the portions of the Blue Wings Organization website designated for registered users (the “Restricted Sites”), you (“User”) agree as follows:
REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION
Transactions
Method of Payment: To complete a Transaction, the user may be required to provide a method of payment (“Payment Account”) as specified during the registration process. The user can execute a single Transaction at a time or set up multiple Transactions on a recurring basis (e.g., monthly, quarterly, annually, etc.), based on the options chosen during the Transaction process. By doing so, you authorize Blue Wings Organization to charge your Payment Account at the frequency and amounts designated by you during the Transaction process. All fees will be billed via the payment method you specify during the Transaction process. Once submitted, payments are generally non-refundable. However, if your donation was not intended for Payment/Fee, you may request a refund. Blue Wings Organization may occasionally need to increase the donation amount, and in such cases, Payment/Fee will notify you before any additional deductions are made. You will always have the option to decline an increase.
Digital Communications
1. Intellectual Property License. User retains ownership of all content and information posted on the website. For content and information covered by intellectual property rights (“IP Content”), User grants Blue Wings Organization a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content posted, uploaded, or stored through User’s use of the website’s features.
2. Notices
All notices from Blue Wings Organization intended for receipt by User shall be considered delivered and effective when sent to the email address provided by User during the registration process or when posted and made available to User on the Blue Wings Organization website (www.bluewingslk.org) (referred to as “Notice”). If User changes the email address provided during registration to access and use the Restricted Sites, User must update the email address according to the procedures specified on the Blue Wings Organization website. (www.bluewingslk.org).
MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS
Modifications to the Restricted Sites / Terms and Conditions
User acknowledges and agrees that Blue Wings Organization reserves the right, at its sole discretion, to modify the Restricted Sites and these Restricted Sites Terms and Conditions (including any referenced instructions, policies, or guidelines) at any time and in any manner. All modifications will be binding upon User once implemented. User may not amend or modify the Restricted Sites or these Restricted Sites Terms and Conditions under any circumstances.
REPRESENTATIONS, COVENANTS AND WARRANTIES
Representations, Covenants and Warranties of User
User represents, covenants, and warrants to Blue Wings Organization that:
1. These Restricted Sites Terms and Conditions have been executed and delivered by User and constitute a valid and binding agreement enforceable against User according to their terms.
2. User will not access or use the Restricted Sites except as expressly permitted by these Restricted Sites Terms and Conditions and any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization website (www.bluewingslk.org).
3. User will access and use the Restricted Sites in full compliance with applicable laws (as defined in the section titled “COMPLIANCE” below).
4. User is at least eighteen (18) years old, or if younger, User is of an age sufficient to execute a legally enforceable agreement on his or her behalf in the applicable jurisdiction.
5. All information, data, and other materials provided by User in support of User’s application for registration are accurate and truthful in all respects.
6. User is the rightful owner of any account opened in his or her name, including but not limited to Payment Accounts, and is authorized to commit funds from the relevant accounts to Blue Wings Organization for the purpose of conducting Transactions.
Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, BLUE WINGS ORGANIZATION MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING:
1. The merchantability, suitability, fitness for a particular use or purpose, non-infringement, or results to be derived from the use of the Restricted Sites or any data service, software, hardware, deliverable, work product, digital communications, or other materials related to the Restricted Sites, or the availability of any of the foregoing.
2. The truth, completeness, or accuracy of the information available on the Restricted Sites.
3. That transaction funds will be used for any particular purpose, and Blue Wings Organization shall not be responsible for any misuse or non-use of such funds by third parties after donations are made.
Furthermore, Blue Wings Organization does not represent, covenant, or warrant that access to or services provided by the Restricted Sites will be uninterrupted, error-free, or secure. User acknowledges and agrees that there are inherent risks in transmitting information over and storing information, including digital communications, on the internet and other computer networks, and that Blue Wings Organization is not responsible for any losses of User’s data, digital communications, confidentiality, or privacy in connection therewith.
COMPLIANCE
Generally
User shall use the Restricted Sites in strict compliance with:
1. These Restricted Sites Terms and Conditions.
2. Any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Restricted Sites or on the Blue Wings Organization website (www.bluewingslk.org).
3. All applicable laws, rules, and regulations (collectively, “Laws”).
CONTRACTORS
Use of Contractors
Blue Wings Organization may engage any third party (including Blue Wings Organization’s affiliates) to perform, or support the performance of, all or any portion of the Restricted Sites.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
Ownership of the Restricted Sites and Related Data
As between Blue Wings Organization and User (collectively, “Parties”), Blue Wings Organization owns and will retain ownership of all rights, title, and interest in and to the Restricted Sites, including:
1. All content on the Restricted Sites developed by Blue Wings Organization or its third-party licensors, including any derivative works of the Restricted Sites and any such content.
2. Any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by Blue Wings Organization and its third-party providers, except for personal information that User submits to Blue Wings Organization through the Restricted Sites and except as noted in the section titled “DIGITAL CORRESPONDENCE”.
3. Any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “Blue Wings Organization IP”).
Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any Blue Wings Organization IP.
Use of the Restricted Sites
User may use the Restricted Sites, including any data presented on or by the Restricted Sites or otherwise hosted or stored by Blue Wings Organization for User, only on its own behalf and for lawful and appropriate purposes. User shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by Blue Wings Organization for any commercial or other purpose other than as expressly permitted herein. User will notify Blue Wings Organization immediately upon any suspected unauthorized use of the Restricted Sites, whether by User or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by user to access the Restricted Sites (“Login Credentials”). User shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Blue Wings Organization shall bear no liability or other responsibility associated therewith.
PRIVACY NOTICE
Privacy Notice/ Policy
User explicitly consents to the collection, hosting, use, disclosure, and other processing or handling of information as described in the Blue Wings Organization Privacy Notice/Policy located at http://www.bluewingslk.org/, as such notice may be amended by Blue Wings Organization in its sole discretion from time to time.
SUSPENSION; TERMINATION
Suspension
Blue Wings Organization may suspend or limit User’s access to the Restricted Sites if Blue Wings Organization, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Restricted Sites Terms and Conditions or any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization website (www.bluewingslk.org).
Termination by Payment/Fee
Blue Wings Organization may terminate User’s registration, in whole or in part, as follows:
For Cause: Immediately (1) to comply with applicable law or instructions from any governmental agency or authority;
(2) if Blue Wings Organization, in its sole discretion, suspects that User is using the Restricted Sites in a manner not permitted by these Restricted Site Terms and Conditions; or
(3) upon any breach of these Restricted Site Terms and Conditions, the Blue Wings Organization Website General Terms and Conditions, or the Blue Wings Organization Privacy Policy by User.
For Convenience: For convenience, upon Notice by Blue Wings Organization to User, which may occur after an unsuccessful login attempt by User.
Effect of Termination/Survival of Selected Provisions:
Effect of Termination: Upon the expiration or earlier termination of User’s registration, for any reason:
(i) User will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites;
(ii) Blue Wings Organization may delete any data associated with User’s accounts, including but not limited to, any content in User’s Account; and
(iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in the sub-section titled “SURVIVAL” immediately below.
Survival: Notwithstanding the expiration or earlier termination of User’s registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”; “EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND, “GENERAL”.
LIABILITY
Limitation of Liability
To the maximum extent permitted by applicable law, the Blue Wings Organization Group (as defined in the section titled “Indemnities”) shall not be liable to User for any direct, indirect, special, incidental, punitive, or consequential damages arising out of or resulting from User’s use of the Restricted Sites, or based upon any breach of any express or implied warranty, breach of contract (including these Restricted Sites Terms and Conditions and any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization website (www.bluewingslk.org)), negligence, tort, or any other legal theory (collectively, the “Excluded Damages”). The Excluded Damages also include, without limitation, loss of savings and revenue; loss of profit; loss of use; loss of data; and the claims of third parties. If Blue Wings Organization Group cannot lawfully disclaim liability for any of the foregoing damages, the Blue Wings Organization Group’s maximum liability to User is limited to the amount of the donation submitted by User that gave rise to the underlying claim, or, if no donation was provided, LKR 100.00. These limitations apply even if any other remedy available to User fails of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to User.
Remedies
At its option, any member of the Blue Wings Organization Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization website (www.bluewingslk.org), and/or actions for damages.
Claims
No action arising out of, in connection with, or relating to these Restricted Sites Terms and Conditions or the subject of these Restricted Sites Terms and Conditions shall be brought by User more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law that would toll or otherwise affect the running of the period of limitations are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.
INDEMNITIES
Indemnity by User
User will indemnify and hold harmless Blue Wings Organization, its affiliates, and their respective current, future, or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “Blue Wings Organization Group”) on demand, from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Blue Wings Organization Group. Additionally, if directed by Blue Wings Organization, User shall defend the Blue Wings Organization Group against the following:
1. All claims asserting that any information, data, or other materials provided by User in connection with the Restricted Sites (including, but not limited to, User’s application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the Blue Wings Organization Group, infringes, misappropriates, or otherwise violates any patent, trademark, copyright, trade secret, or other intellectual property or proprietary right of a third party, or that violates any Law.
2. All claims arising from fraud, intentional misconduct, criminal acts, or gross negligence by User.
3. All claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization website (www.bluewingslk.org).
DISPUTE RESOLUTION
Disputes
If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the Blue Wings Organization Group, such dispute shall be resolved as follows:
1. The dispute shall be resolved in Sri Lanka.
2. At the filing party’s election, the dispute may be resolved either in a small claims court or by final and binding arbitration administered by either the National Arbitration Forum or the Sri Lankan Arbitration Association, under their rules for consumer arbitrations.
3. All disputes in arbitration will be handled solely between the named parties and not on any representative or class basis. Accordingly, User acknowledges that it may not have access to a court (other than a small claims court) or jury.
4. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Blue Wings Organization Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to such member of the Blue Wings Organization Group or any third party claiming against a member of the Blue Wings Organization Group, due to delay arising out of such dispute resolution.
Governing Law
This Blue Wings Organization website and the Restricted Sites are controlled and operated by Blue Wings Organization from its principal office in Wattala, Western Province, Sri Lanka. The laws of Sri Lanka govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that it is possible for you to obtain access to the Restricted Sites from any jurisdiction in the world, but Blue Wings Organization has no practical ability to prevent such access. The Restricted Sites have been designed to comply with the laws of Sri Lanka. Users who choose to access the Restricted Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you, and we ask you not to use the Restricted Sites. You may not use or export materials on this website in violation of Sri Lankan laws and regulations. The Restricted Sites are not intended to subject Blue Wings Organization to the laws or jurisdiction of any state or country other than Sri Lanka.
GENERAL
Entire Agreement, Amendments and Modifications
These Restricted Terms and Conditions, as supplemented by the Blue Wings Organization website General Terms and Conditions, available at www.bluewingslk.org, and the Blue Wings Organization’s Privacy Policy, available at www.bluewingslk.org, as well as any additional instructions, guidelines, or policies issued by Blue Wings Organization, including those posted on the Blue Wings Organization’s website (www.bluewingslk.org), constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein. All prior agreements, letters, proposals, discussions, and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.
Force Majeure
Blue Wings Organization will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following:
1. Weather conditions or other elements of nature or acts of God.
2. Acts of war, terrorism, insurrection, riot, civil disorder, or rebellion.
3. Quarantines or embargoes.
4. Labour strikes.
5. Telecommunications, network, computer, server, or Internet downtime.
6. Unauthorized access to Blue Wings Organization’s information technology systems by third parties.
7. Other causes beyond the reasonable control of Blue Wings Organization.
Severability
If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable law(s).
Assignment
User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Blue Wings Organization, which may be withheld at Blue Wings Organization’s sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. Blue Wings Organization may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.