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SHOPEEDO TERMS AND CONDITIONS
Last updated June 08, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Shopeedo ("Company," "we," "us,"
"our"), a company registered in Pakistan at Lahore, Punjab, Pakistan,
We operate the website http://www.shopeedo.com/ (the "Site"), the mobile application Shopeedo (the "App"), as
well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively, the
"Services").
Shopeedo is a leading
tech company specializing in retail shipping, and services and is dedicated to
making it easier for buyers, sellers, and tech lovers to connect and conduct
business seamlessly.
You can contact us by phone at -, email at info@shopeedo.com, or by mail to
Lahore, Punjab, Pakistan.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and
Shopeedo, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms.
IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective upon
posting or notifying you by info@shopeedo.com, as stated in the email message. By continuing to use the Services after
the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age.
All users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly supervised
by, their parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior to you
using the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY
RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED
CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. MOBILE APPLICATION
LICENSE
12. SOCIAL MEDIA
13. THIRD-PARTY WEBSITES
AND CONTENT
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND
INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF
LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in Pakistan and around the world.
The Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
●
access the Services,
and
●
download or print a
copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please address
your request to: info@shopeedo.com. If we ever grant you permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners
or licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
●
confirm that you have
read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
●
to the extent
permissible by applicable law, waive any and all moral rights to any such
Submission;
●
warrant that any such
Submission is original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and
●
warrant and represent
that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree
to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights,
or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete;
(2) you will maintain the accuracy of such information and promptly
update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Services;
(6) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise;
(7) you will not use the Services for any illegal or unauthorized
purpose; and
(8) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colours,
features, specifications, and details of the products available on the
Services. However, we do not guarantee that the colours, features,
specifications, and details of the products will be accurate, complete,
reliable, current, or free of other errors, and your electronic display may not
accurately reflect the actual colours and details of the products. All products
are subject to availability, and we cannot guarantee that items will be in
stock. We reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- jazz cash
- Easypaisa
- Bank Transfer
- COD
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in PKR.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy posted on the Services prior to making
any purchases.
OUR RETURNING CONDITIONS
In order for the Goods to be eligible for
a return, please make sure that:
●
The Goods were purchased in the
last 14 days
●
The Goods are in the original
packaging
●
The product is not used or damaged
●
The product must have the receipt
or proof of purchase
The following Goods cannot be returned:
●
The supply of Goods made to Your
specifications or clearly personalized.
●
The supply of Goods which according
to their nature are not suitable to be returned, deteriorate rapidly or where
the date of expiry is over.
●
The supply of Goods which are not
suitable for return due to health protection or hygiene reasons and were
unsealed after delivery.
●
The supply of Goods which are,
after delivery, according to their nature, inseparably mixed with other items.
We reserve the right to refuse returns of
any merchandise that does not meet the above return conditions at our sole
discretion.
Only regular-priced Goods may be
refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may
not apply to You if it is not permitted by applicable law.
FOR MORE DETAILS READ OUR RETURN POLICY
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that we specifically
endorse or approve.
As a user of the Services, you agree not to:
●
Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.
●
Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
●
Circumvent, disable,
or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content contained
therein.
●
Disparage, tarnish,
or otherwise harm, in our opinion, us and/or the Services.
●
Use any information
obtained from the Services in order to harass, abuse, or harm another person.
●
Make improper use of
our support services or submit false reports of abuse or misconduct.
●
Use the Services in a
manner inconsistent with any applicable laws or regulations.
●
Engage in
unauthorized framing of or linking to the Services.
●
Upload or transmit
(or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the
Services.
●
Engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
●
Delete the copyright
or other proprietary rights notice from any Content.
●
Attempt to
impersonate another user or person or use the username of another user.
●
Upload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or
"pcms").
●
Interfere with,
disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
●
Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
●
Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
●
Copy or adapt the
Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
●
Except as permitted
by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Services.
●
Except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other software.
●
Use a buying agent or
purchasing agent to make purchases on the Services.
●
Make any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretences.
●
Use the Services as
part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavour or commercial enterprise.
9. USER GENERATED
CONTRIBUTIONS
The Services does not offer users to submit or post content.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
11. MOBILE APPLICATION
LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Legal Terms.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App;
(3) violate any applicable laws, rules, or regulations in connection
with your access or use of the App;
(4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the App;
(5) use the App for any revenue-generating endeavour, commercial
enterprise, or other purposes for which it is not designed or intended;
(6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the
App;
(8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or
(9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with the
App.
Apple (IOS) and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services:
(1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App;
(3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or the US government has designated
that as a "terrorist supporting" country and (ii) you are not listed
on any US government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when
using the App, e.g. if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App, and
(6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Legal Terms
against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each such
account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content
that you have provided to and stored in your Third-Party Account (the
"Social Network Content") so that it is available on and through the
Services via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts
at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, accuracy, legality, or non-infringement, and we
are not responsible for any Social Network Content. You acknowledge and agree
that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through
such a Third-Party Account, except the username and profile picture that become
associated with your account.
13. THIRD-PARTY WEBSITES
AND CONTENT
The Services may contain (or you may be sent via the Site or App) links
to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you
decide to leave the Services and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to
(1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems, and
(5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: www.shopeedo/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in Pakistan. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Pakistan, then through your
continued use of the Services, you are transferring your data to Pakistan, and
you expressly consent to have your data transferred to and processed in
Pakistan.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services.
WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We
also reserve the right to modify or discontinue all or part of the Services
without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
Pakistani Goverment. Shopeedo and you irrevocably consent that the courts of
our country shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Binding Arbitration
We respect and follow Pakistani laws. We also respect our judicial
system, which includes the District Courts, the High Court and the Supreme
Court. Any dispute arising out of or in connection with these Legal Terms,
including any question as to their existence, validity, or termination, shall
be referred to the International Commercial Courts of Pakistan and finally It
will be resolved because all these courts follow international commercial
law.The number of arbitrators shall be three (3). The seat, or legal place, of
arbitration shall be in Lahore, Pakistan. The language of the proceedings shall
be English or Urdu. The governing law of these Legal Terms shall be the
substantive law of Pakistan.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class-action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE
(3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 25,000. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of
(1) use of the Services;
(2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these
Legal Terms;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defence and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data relating
to your use of the Services. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.
25. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or with respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defences you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding the use of the Services, please contact us at:
Shopeedo
Lahore, Punjab, Pakistan
Phone: No
Email: info@shopeedo.com
