Pak Karobar Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY!
1. Acceptance of Terms
1.1 WELCOME TO Pak Karobar®, ‘Pak Karobar’ SERVICE (the "SERVICE"). The following sets forth the terms and conditions of the Pak Karobar® Membership Agreement (this "Agreement") between you and Pak Karobar.com, Pakistan ("Pak Karobar") under which Pak Karobar offers you access to the Service through the web site identified by the uniform resource locator www.Pakkarobar.com (the "Site"). Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON", YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, Pak Karobar'S TERMS OF USE AGREEMENT, Pak Karobar'S PRODUCT LISTING POLICY AND Pak Karobar'S PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE " Pak Karobar TERMS OF USE"). Terms not defined in this Agreement shall bear the same meaning as that contained in the Pak Karobar Terms of Use.
1.2 Pak Karobar may amend this Agreement at any time by posting the amended and restated Agreement on this Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Pak Karobar of the amended and restated
Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorized officer of Pak Karobar.
1.3 In this Agreement, any user of this Site who has registered and paid for the Service, and has been vetted by a third party credit agency appointed by Pak Karobar (the Registered Firm in Pakistan" Pak Karobar") through the Authentication and Verification procedure defined below, shall be referred to as a "Member". Any user of this Site who has registered for the Service, but has not paid or has not passed the Authentication and Verification procedure, shall be referred to as an "Applicant".
2. Authentication and Verification
2.1 Upon registration for the Service, each Applicant agrees that it shall be subject to Authentication and Verification procedures by the service provider, Pak Karobar. "Authentication" refers to confirmation by Pak Karobar of the existence of the Applicant under its business name and its business address (and such other information as deemed appropriate by Pak Karobar). "Verification" refers to confirmation by the Pak Karobar’s authorized team/person, that the contact person indicated by the Applicant as indicated in the registration form is employed by, associated with or is otherwise an authorized representative of such Applicant.
2.2 Any changes to information of a Member shall be subject to new Authentication and/or Verification procedures at such Member's expense.
3. The Service
3.1 The Service is offered on a subscription basis for a specified time period set forth in Section 4 of this Agreement and has the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Pak Karobar and notified to you) ("Pak Karobar® Benefits") :
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Company Profile - allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, products and services offered, etc. |
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Product Showroom - allows each Member to display and edit descriptions, specifications and images of its products; |
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Trade Lead Posting - allows each Member to post on the Site for public display offers to buy or sell products and services of the Member; |
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Pak Karobar® Profile - displays the Member's business name, address, contact person, business registration details and other information as Authenticated and Verified by the Pak Karobar. In addition the Pak Karobar® Profile contains, among other things, a Feedback Forum that allows each Member to post comments and/or respond to comments made by other Members with whom there is an actual business relationship. Such remarks and responses shall be attributed to the Member who made the comments and therefore will not be protected by anonymity. |
3.2 Subject to paragraph 6.7 below, Pak Karobar agrees that the above Pak Karobar® Benefits provided to a Member shall not be terminated or removed with respect to such Member during its valid subscription period unless otherwise agreed with the Member, except that (a) Pak Karobar may make upgrades, limitations and modifications to the Pak Karobar ® Benefits which Pak Karobar believes in good faith furthers the purposes of the Service, and (b) Pak Karobar has the right to terminate, remove or reduce Pak Karobar ® Benefits with respect to any Member who in Pak Karobar sole determination has violated applicable law or the provisions of this Agreement or the Pak Karobar Terms of Use.
3.3 Except as provided in Section 3.7 below, all payments made are non-refundable. Pak Karobar reserves the right to modify the Pak Karobar® subscription rates and payment conditions for any subsequent renewals terms upon prior written notice to each Member.
3.4 The Service is offered to business or corporate entities (e.g. corporation, limited liability company, partnership, sole proprietorship, etc.) that are capable of having a business name and business address that may be Authenticated and Verified by the Pak Karobar. The Service is also offered to individuals without any discrimination who do not wish to register themselves as members but wish to Ad to Sell, Buy or Exchange their owned goods and services in personal capacity but not under the company or business capacity.
3.5 Each Member shall be given a Pak Karobar® Account (the "Account") upon receipt of payment by Pak Karobar and successful Authentication and Verification by the Pak Karobar. Activation of the Account shall be notified to the Member via email to such email address provided by the Member upon registration for the Service.
3.6 The Service shall be available to all people of the globe with out any prejudice, however, ethical, legal and global and country laws shall apply.
3.7 The Service shall not be available to Applicants who have failed the Authentication and Verification process, notwithstanding that the Applicant may have paid for the Service. In the event that Authentication and/or Verification by the Pak Karobar team is unsuccessful, the Applicant will receive an email notification from Pak Karobar and Pak Karobar will refund the subscription fees in accordance with Pak Karobar's established practices; provided, however, that Pak Karobar shall have the right to deduct fifty percent (50%) of the subscription fees received by Pak Karobar to cover the costs of Authentication and Verification.
3.8 Pak Karobar shall issue a Member ID and Password (which shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to Pak Karobar and each Member shall indemnify Pak Karobar against any loss or damages (including but not limited to loss of profits) suffered by Pak Karobar as a result of such multiple use of an Account. Each Member hereby undertakes to notify Pak Karobar immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Pak Karobar shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.
3.9 Pak Karobar reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Pak Karobar further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Pak Karobar.
3.10 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Pak Karobar be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. Each Member further agrees that any claim against Pak Karobar for pre-mature termination of the Service and loss of Pak Karobar® Benefits shall be limited to the amount of subscription fees paid by the Member that are allocated (on a pro-rata basis) to the unused portion of the subscription period.
4. Term of Subscription
4.1 So far there is no subscription fee for the individuals who wish to ad their personal belongings/items on Pak Karobar for a suitable period of time. The time period for advertisement is not yet limited to all the users for their personal items but not for the company products etc, however, Pak Karobar reserves all the rights to bring a change to the terms and conditions of use of the Service.
4.2 A Member shall subscribe for the Service for a minimum term of one (1) year from the activation date of the Account and may be renewed by the Member for a subsequent minimum term of one (1) year unless terminated by Pak Karobar in accordance with the terms set forth in this Agreement. For short time Ads of personal items it may differ and the subscription for such a service shall not be asked until it is notified on Pak Karobar.com. However, products of company or a business in commercial the client/user shall subscribe for the services he/she uses with a fee for their advertisement; the amount shall be with respect to the period of time and space hired by a client/user for the advertisement.
4.3 The subscription rates for the Service are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies that each Member shall continue to be liable for as and when the same is imposed or incurred. In the event that Pak Karobar does not receive full payment of subscription fees within ten (10) days of automatic renewal of subscription for the Service, such Member's subscription shall be terminated immediately without further notification from Pak Karobar. Access to the Pak Karobar® Benefits shall be denied upon such termination.
4.4 Upon renewal of each subscription period, Authentication and Verification shall be carried out by the Pak Karobar. If Authentication and Verification is unsuccessful for any reason, the process set forth in paragraph 3.5 shall apply.
4.5 During the subscription period, if the Member wishes to change any information that had previously been Authenticated and/or Verified, the Member shall notify Pak Karobar of its intention to change such information. After receipt of such Member's notification, Pak Karobar shall notify the Member of the charges that would be imposed by the Pak Karobar for Authentication and/or Verification of the changed information and the Member shall be solely responsible for all such charges and shall make payment in accordance with the procedure set forth in section 5.1 below. If the Member fails to make payment and the changed information is not Authenticated and/or Verified, Pak Karobar may, in its sole discretion, suspend or revoke the Service and Pak Karobar® Benefits with respect to such Member.
5. Fees and Payment
5.1 In consideration of Pak Karobar's agreement to process the application and, subject to Authentication and Verification, to provide the Service, each Applicant agrees to pay Pak Karobar a subscription fee. The rates for fees chargeable under the Service shall be published on the Site. All fees shall be payable in advance to Pak Karobar by wire transfer, credit card, third-party payment system (including but not limited to PayPal) or such other method acceptable to Pak Karobar, in US Dollars or its equivalent in such other currency as permitted by Pak Karobar (e.g. Pak Rupee). Except as provided in paragraph 3.5 above, all payments made are non-refundable.
5.2 All published fees are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies.
5.3 Pak Karobar reserves the right to modify its pricing structure, discounts and payment conditions from time to time at its sole discretion.
5.4 Each Applicant acknowledges that it is a criminal offense under applicable law to make unauthorized use of credit card or bank account information by anyone who is not the lawful owner of such credit card account or bank account. Pak Karobar shall not be liable for the provision of any Service which has been paid for via unauthorized use of credit card or bank accounts. Any Applicant who commits an unauthorized use of credit card or bank accounts shall indemnify and save Pak Karobar, its employees, agents and representatives harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such unauthorized use.
6. Member Responsibilities
6.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Pak Karobar and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Pak Karobar to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
6.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
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contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; |
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be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose; |
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infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy; |
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violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); |
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contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; |
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contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; |
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promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; |
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contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; |
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involve attempts to copy, reproduce, exploit or expropriate Pak Karobar's various proprietary directories, databases and listings; |
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involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and |
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involve any scheme to undermine the integrity of the computer systems or networks used by Pak Karobar and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks; |
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link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or the Pak Karobar Terms of Use; or |
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otherwise create any liability for Pak Karobar or its affiliates. |
6.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
6.4 Member shall not take any action which may undermine the integrity of Pak Karobar's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
6.5 Each Member acknowledges and agrees that Pak Karobar shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Pak Karobar does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
6.6 Each Member represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Pak Karobar or authorizes Pak Karobar to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
6.7 If any Member breaches the representations, warranties and covenants of paragraphs 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6 above, or if Pak Karobar has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, Pak Karobar has the right to suspend or terminate the Service and all Pak Karobar® Benefits with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by Pak Karobar. Further, Pak Karobar reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject Pak Karobar to liability, violates this Agreement or the Pak Karobar Terms of Use or is otherwise found inappropriate in Pak Karobar's opinion. Pak Karobar reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Pak Karobar may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Pak Karobar shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Pak Karobar for such disclosure. In connection with any of the foregoing, Pak Karobar may suspend or terminate the Account of any Member as Pak Karobar deems appropriate in its sole discretion.
6.8 Each Member agrees to indemnify Pak Karobar, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of information or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Pak Karobar Terms of Use. Each Member further agrees that Pak Karobar is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Pak Karobar reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Pak Karobar in asserting any available defenses.
7. Limitation of Liability
7.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Pak Karobar HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 Pak Karobar MAKES NO WARRANTY OR REPRESENTATION AS TO THE LEGALITY, TRUTHFULLNESS, ACCURACY OR COMPLETENESS OF (A) ANY INFORMATION DISPLAYED THROUGH THE SERVICE BY A MEMBER, OR (B) ANY INFORMATION WHICH IS SUPPLIED BY A Pak Karobar AGENT. NEITHER Pak Karobar NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR SUCH INFORMATION. FURTHER, Pak Karobar MAKES NO WARRANTY OR REPRESENTATION AS TO A Pak Karobar AGENT'S AUTHENTICATION AND VERIFICATION RESULTS. NEITHER Pak Karobar NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY ERRORS OR OMISSIONS MADE (WHETHER OR NOT NEGLIGENT, INTENTIONAL OR OTHERWISE) BY A Pak Karobar AGENT.
7.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Pak Karobar or through or from the Service shall create any warranty not expressly stated in this Agreement.
7.4 Under no circumstances shall Pak Karobar be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Pak Karobar shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
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the use or the inability to use the Service; |
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any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site; |
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unauthorized access by third parties to data or private information of any Member; |
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statements or conduct of any user of the Site; or |
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any other matter relating to the Service however arising, including negligence. |
7.6 Notwithstanding any of the foregoing provisions, the aggregate liability of Pak Karobar with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to the greater of (a) the amount of fees the Member pays to us in the 12 months prior to the action giving rise to liability, and (b) $50 or in equivalent currency. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.
8. Intellectual Property Rights
8.1 Pak Karobar is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Pak Karobar or its affiliate. All rights not otherwise claimed under this Agreement or by Pak Karobar are hereby reserved.
8.2 "Pak Karobar", "Pak Karobar.COM," "Pak Karobar®" and related icons and logos are registered trademarks or trademarks or service marks of Pak Karobar.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9. General
9.1 This Agreement and the Pak Karobar Terms of Use constitutes the entire Agreement between each Member and Pak Karobar and governs the use of the Service, superseding any prior written or oral Agreements in relation to the same subject matter herein.
9.2 Pak Karobar and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.3 This Agreement shall be governed by the laws of the Pakistan and Internet Technology services acts of the world without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Pakistan
9.4 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.6 Pak Karobar's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Pak Karobar's right to act with respect with subsequent or similar breaches.
9.7 Pak Karobar shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Pak Karobar).
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