ONLINE
MOBILE SHOPPING
COMPANY
STRUCTURE
TERMS AND CONDITIONS
INTRODUCTION
Welcome
to the Kaymu.pk website (the "Site"). By registering for and using
the Site for advertising, listing, selling and buying products (the
“Services”), you agree to be bound by the terms and conditions of the Site,
including, without limitation, all policies, guidelines, notices and licenses
of the Site that are incorporated by reference and/or updated from time to time
(hereinafter referred to as the “Terms & Conditions”). In this regard,
E-cart Services Pakistan (Private) Limited (the “Company”) reserves the right
to change, alter, amend, omit and revise any or all of the Terms and
Conditions, as and when needed. Any revision in the Terms and Conditions shall
become applicable to you upon being posted on the Site. In the event that you
object to any change in the Terms and Conditions, may not use your account,
failing which, your continued use shall be construed as your acceptance of the
revised Terms and Conditions.
USER ELIGIBILITY
By
registering for the Services, you represent and warrant that (i) you are at
least eighteen (18) years of age or are accessing the Site under the
supervision of a parent or legal guardian, (ii) If you are a business, you
are organized, registered and working under the applicable laws, (iii) you have
the requisite authority, permission and right to use the Site and/or the
Services and perform any obligations that arise a result of using the Services
(iv) any information provided by you shall be accurate and valid at all times.
Upon successful registration, you will have a non-transferable, limited and
revocable right to use the Site, in accordance with the Terms and Conditions,
for the purpose of selling or buying products on the Site. Any breach of the
Terms and Conditions shall result in the immediate revocation of the Services
as well as the right to use the Site.
SERVICES POLICY
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Cinema-Plus-1.8c(1) As a seller, you agree to abide by all of the
procedures, guidelines and policies for making sales through the
Site, whether applicable at present or introduced at a later stage. In this
regard, you agree that:
(i) You will not engage in any activity that involves misleading and/or
deceptive market practices, or any activity that violates the obligations owed
towards buyers in general and/or the original owners of the items offered for
sale by you. You will refrain from selling any items prohibited by
the laws of Pakistan, including alcoholic beverages, adult only products,
counterfeit currency, drugs, government documents, IDs of any kind, human
remains and body parts, lottery tickets, prescription medicine, stolen goods or
any other kind of regulated items.
(ii) For each product that you intend to list or have listed and sell on the
Site, you will provide to us the product price, quantity available for
sale, description, warranty details and the country/province/city from which
the product is to be shipped. In addition, you will provide to us any
information requested, using the mechanism and time frame specified to
you.
(iii) You will be liable to pay a percentage of the product price to us, for
each product that is sold through the Site. (the “Commission”). The exact
percentage/amount of the Commission is displayed here [insert link] and may be
subject to change. If the commission rate changes, we shall give you a notice
of at least fourteen (14) days prior in advance during which period you have
the time to discontinue the business relationship with the company. In this
regard, we reserve the right to deduct the Commission either from the sale
proceeds and/or your credit/debit card or such other sources as deemed
appropriate by us. In no event shall the Commission remain unpaid from your end
beyond a period of thirty (30) days from the date of the Commission becoming
due. In addition to the Commission, you will be required to pay other charges
in respect of the Site and the Services.
(iv) For all of your products that are not fulfilled using the our recommended
fulfillment Services, you will accept and process returns, refunds and
adjustments in accordance with the process specified to you by our management
and agents. You will comply to all return policies published on the Site at the
time of the applicable order, and we may inform buyers that these policies
apply to your products. You will determine and calculate the amount of all
refunds and adjustments (including any taxes, shipping and handling or other
charges) or other amounts to be paid by you to buyers in connection with your
transactions, using functionality we will enable for your account, and will
route all such payments through us. We will provide any such payments to the
buyers (which may be in the same payment form originally used to purchase your
product), and you will reimburse the Company for all amounts so paid on your
behalf. We may offset such payments against any amounts to be remitted or paid
to you by us or our affiliates. We reserve the right to seek reimbursement from
you via any of the means authorized under law. You undertake to promptly
provide refunds and adjustments that you are obligated to provide under the
applicable return policies and as required by law, and in no case later than
thirty (30) days after the obligation arises.
(v) If you, the seller, use our recommended logistics service, reimbursement of
collected amounts minus commissions, delivery charges, and other service
charges, will be initiated through the creation of a formal invoice. This
invoice will be submitted by you, the seller, to the Company. The Company will
attempt to reimburse the payments after 14 to 18 days of the collection of the
amounts.
(vi)By agreeing to use our recommended logistics services you acknowledge that
we have no control over the functionality and effectiveness of the shipment and
delivery services. We will not be liable, whether directly or otherwise for any
delay or failure in delivery of the products, whether to you or to the buyer.
You agree to discharge, without limitation, the Company, its owners, directors,
officers, employees, agents, successors, affiliates from and against any claim
or liability arising due to interrupted, erroneous and negligent logistics
services.
(vii) We reserve the right to delay or suspend listing of, or to refuse to
list, or to de-list, or to require you to not to list, any or all products in
our sole discretion. We may in our sole discretion withhold for investigation,
refuse to process, restrict shipping destinations for, stop and/or cancel any
of your transactions. You will stop and/or cancel orders of your products if we
ask you to do so (provided that if you have transferred your products to the
applicable carrier or shipper, you will use commercially reasonable efforts to
stop and/or cancel delivery by such carrier or shipper). You will refund any
buyer that has been charged for an order that we stop, cancel or return.
(2) As a buyer, you acknowledge that: i. You have fully read and
understood all terms and conditions on the Site and do not have any confusion
regarding the role of the Company as an intermediary. You acknowledge that the
Company is not involved in the process of product developing, manufacturing or
designing and that nothing contained on the Site gives an impression otherwise.
ii. Upon committing to buy any product listed on the Site, you enter into a
legally binding contract with the seller, which cannot be canceled, once it is
in the process of being delivered to you. iii. You understand that the Company
has no right, power or authority to transfer ownership of any product in your
favor and any delay or failure in this regard shall be the sole and exclusive
responsibility of the concerned seller. iv. By signing up, you agree and
acknowledge that the Site or the Company makes no representation, or
warranties, whether expressed or implied, for any product, with respect to its
usability, fitness for a particular purpose, merchantability, use, title or
quality. Any claim that you intend to initiate, whether under the prevailing
consumer laws or otherwise, due to a product being unsatisfactory, shall only
be made against the individual seller and the Company’s liability shall remain
excluded. The procedures and guidelines regarding the Services may be changed
and new terms may be incorporated in the future and any such changes shall be
effective immediately upon being posted at the Site, without the requirement of
providing an individual notice to you. Therefore, you are advised to refer
regularly to the Terms and Conditions to understand the current procedures and
guidelines for use of the Site and to be sure that the items you offer for sale
can be sold on the Site.
RETURN OF PRODUCTS
(1) In
case a product has been delivered to you, which does not match the description
of the product you ordered from our Site or incase the product is delivered to
you in a damaged condition, you may return the product to the seller, subject
to our general returns policy [inset link] as well as the return policy of
individual seller, if any. In this regard, individual seller return policies
are provided with each product listed on the Site, which you undertake to
thoroughly review, prior to making a purchase. (2) In case you have been
selling the products, you agree to abide to the minimum standards of the Kaymu
return policy [inset link] and at your sole discretion you may offer a more
generous return policy to the buyer. You agree to bear the full cost of return
in case you the product you have shipped to the buyer has been wrong,
defective, damaged or incomplete.
EXCLUSION OF LIABILITY &
INDEMNIFICATION
Our Site
provides a platform for third-party sellers and buyers to complete transactions
and we are not involved in the actual transaction between any sellers and
buyers. As a seller, you will be permitted to list any product on the Site
unless it is a prohibited product as per the Site guidelines or otherwise
prohibited by law. Without limitation, you may not list any product or link or
post any related material that (a) infringes any third-party intellectual property
rights (including copyright, trademark, patent, and trade secrets) or other
proprietary rights (including rights of publicity or privacy); (b) constitutes
libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal,
stolen, or fraudulent. It is up to the Seller to accurately describe the item
for sale. As a Seller, you shall use the Site and the Services at your own
risk. In the event that any claim or legal proceedings are initiated against
the Company as a result of your act or omission, you undertake to indemnify the
Company, its affiliates, directors, employees and agents (hereinafter
collectively referred to as the “Indemnified Parties” . you will indemnify the
Indemnified Parties against any and all claims, costs, losses, damages,
judgments, penalties, interest and expenses (including attorneys' fees) arising
out of any claim that arises out of or relates to: (i) any actual or alleged
breach of your representations, warranties, or obligations set forth hereunder;
or (ii) your own website or other sales channels, the products you sell, any
content you provide, the advertisement, offer, sale or return of any products
you sell, any actual or alleged infringement of any intellectual property or
proprietary rights by any products you sell or content you provide, or seller
taxes or the collection, payment or failure to collect or pay seller taxes. for
purposes hereof: "claim" means any claim, action, audit,
investigation, inquiry or other proceeding instituted by a person or entity.
The Company will not be liable for any damages of any kind, including without
limitation direct, indirect, incidental, punitive, and consequential damages,
arising out of or in connection with the Site, the Services, the transaction
processing service, the inability to use the Services or the transaction
processing service, or those resulting from any goods or services purchased or
obtained or messages received or transactions entered into through the
Services.
PAYMENTS AND TAXES
By
agreeing to acquire our Services and registering to our Site, you permit and
appoint us to act as your agent for the purposes of processing payments,
refunds and adjustments for your transactions, including but not limited to
receiving and holding sales proceeds on your behalf, remitting sales proceeds
to your bank account and charging and deducting amounts you owe to the Company
for utilizing the Services and the buyers of your products. In this regard,
sales proceeds means the gross proceeds from any of your transactions, including
all shipping and handling, gift wrap and other charges, but excluding any taxes
separately stated and charged. You further agree that it is the seller's
responsibility to determine whether any taxes apply to the transactions and to
collect, report, and remit the correct taxes to the appropriate tax authority.
We are not obligated to determine whether taxes apply and not responsible to
collect, report, or remit any sales, use, or similar taxes arising from any
transaction. The term "taxes" means any and all sales, goods and
services, use, excise, import, export, value added, consumption and other taxes
and duties assessed, incurred or required to be collected or paid for any
reason in connection with any advertisement, offer or sale or sale of products by
you on or through the Site, or otherwise in connection with any action,
inaction or omission of you or any affiliate of yours, or any of your or their
respective employees, agents, contractors or representatives.
DISPUTES
(1) Any
dispute that you have or claim that you intend to initiate against the Company
shall be subject to the provisions of the Arbitration Act 1947 (the “Act”). In
this regard, the courts of Pakistan or any other court of law shall not have
jurisdiction over any disputes and/or claim between you and the Company as
arbitration proceedings under the Act shall be the sole mechanism for
settlement of any such disputes. In the event that you intend to initiate
arbitration proceedings, you shall be under an obligation to first lodge a written
request, along with the details of your claim with our legal counsel (the
“Arbitration Request”). In this regard, the contact information of our legal
counsel will be provided on ‘as and when’ basis and upon request. Thereafter,
if on the basis of the material provided in your Arbitration Request, it is
concluded that sufficient grounds exist for initiation of arbitration
proceedings, you will be notified accordingly, along with the details of the
arbitrator (to be appointed by us), date and venue of the proceedings. Any
award passed by the arbitrator shall be binding on the parties. The parties
reserve the right to appeal against an arbitral award and/or apply to court for
its execution.
(2) Any disputes between the seller and third parties including buyers shall
not extend to or incur liability of the Company. We shall not act as the agent,
negotiator, umpire, arbitrator or judge in connection with resolving any
disputes between participants related to or arising out of any transaction from
the Services.
CONTENT USE
We
reserve the right but not the obligation to review, monitor, edit anything that
you submit to the Site and/or provide to us, including but not limited to,
questions, reviews, comments, and suggestions (hereinafter collectively referred
to as the "Submissions"). In addition to the rights applicable to any
Submission, when you post comments or reviews to the Site, you also grant us
the right to use the name that you submit, in connection with such review,
comment, or other content. You shall not use a false e-mail address, pretend to
be someone other than yourself or otherwise mislead us or third parties as to
the origin of your Submissions. We further reserve the right to determine the
content, appearance, design, functionality and all other aspects of the Site
and the Services (including the right to re-design, modify, remove and alter
the content, appearance, design, functionality, and other aspects of the Site
and the Services and any element, aspect, portion or feature thereof.
TERMINATION
At any
time, without the need to serve a prior notice, we reserve the right to
terminate any or all of the Services. Upon termination, you shall immediately
cease all access to and use of the Site and we shall, in addition to any other
legal or equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of this Site in
whole or in part. Any termination of the Services shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the seller or the buyer arising before the date of termination.
You furthermore agree that the Site shall not be liable to you or to any other
person as a result of any such suspension or termination.
INTELLECTUAL PROPERTY
We are
not liable to verify the authenticity of the products offered for sale or sold
at the Site. You represent and warrant that all products, including the
trademarks, design and layout that they carry are original and you possess the
request right, authority, license and permission to use the intellectual
property rights attached to any such products. In the event that the products
sold or offered for sale by you are found to be counterfeit and/or replicas or
infringing in any manner, you shall bear the sole responsibility towards the
original owner(s) and assure (in a manner required by us) to the original
owner(s) that the Company and the Site has no involvement in verifying the
authenticity of the products listed.
In addition, you understand and acknowledge that nothing herein shall be
construed as giving you the right or permission to use, copy, reproduce,
imitate any content, comments, links, images, logos, designs, layouts etc. that
belong to the Company (hereinafter collectively referred to as the “Company’s
Intellectual Property”). No permission or grant extended to you in respect of
the Services shall include the permission or grant to use or benefit from the
Company’s Intellectual Property. In the event that you are found to benefit
from or use the Company’s Intellectual Property in any manner, we reserve the
right to, without prejudice, charge a royalty fee, as determined by us.
ENTIRE UNDERSTANDING
The
Terms and Conditions, including any modification and/or revision, terms
incorporated by reference, and the general terms and conditions of the Site,
shall constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersedes and cancels all prior and contemporaneous
agreements, claims, representations, and understandings of the parties in
connection with the subject matter hereof. Provided, however, that the Company
shall have the right to introduce new and/or revised Terms and Conditions,
policies, rules and regulations from time to time, which shall be effective as
and when posted on the Site
NO AGENCY
Subject
to clause 5, the Company, site, sellers and buyers shall remain independent
contractors and nothing contained herein will be inferred to create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. Nothing expressed or mentioned in
or implied is intended or shall be construed to give to any person other than
the parties hereto any legal or equitable right, remedy, or claim under or in
respect to the Services. These Terms and Conditions and all of the
representations, warranties, covenants, conditions, and provisions hereof are
intended to be and are for the sole and exclusive benefit of the Company, you,
and relying Buyers or Sellers.
NOTICES
Any
notices to be sent to you shall be sent either through email and/or registered
mail, fax, personal delivery, at the address provided at the time of
registration at the Site. A notice sent through email shall deemed to be
delivered to the you immediately upon being sent and a notice sent through
post/fax/personal delivery shall deemed to be delivered within twenty four (24)
hours of being dispatched.
SEVERABILITY
If any
provision of the Terms and Conditions shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
the remaining Terms and Conditions and shall not affect their validity and
enforceability.
NO WAIVER
No
delay, omission or failure in the exercise of rights by the Company shall be
construed as a waiver unless the waiver is in writing and signed. Any single or
partial exercise of a right or remedy will not preclude further exercise of any
other right or remedy.
PRIVACY POLICY
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Cinema-Plus-1.8cInformation we gather from you in the shape of making new
accounts, purchase products, participating in contest, surveys and polls etc is
what you provide us through the website or any other medium. Responding to your
requests, customizing future shopping for you, improving our stores, and
communicating with you is what is facilitated through it. Electronic
Communication is apprehended and confirmed by us. We send you only the
information you wish to receive and give you every option to change your preferences
whenever you wish. Our site includes third-party advertising and
links to other websites. We do not provide any personally identifiable customer
information to these advertisers or third-party websites. We are totally
against spam emails. At MyAppliances, we take your private information very
seriously, and fully understand how frustrating it can get while receiving
unsolicited emails from other companies repeatedly. We store your information
on our secure servers and in any case we will not sell or disclose your
information to other companies. Our business changes constantly, and our
Privacy Policy and the Conditions of Use will change also. We may e-mail
periodic reminders of our notices and conditions, unless you have instructed us
not to, but you should check our Web site frequently to see recent changes.
Unless stated otherwise, our current Privacy Policy applies to all information
that we have about you and your account. We stand behind the promises we make,
however, and will never materially change our policies and practices to make
them less protective of customer information collected in the past without the
consent of affected customers. It is important for you to protect against
unauthorized access to your password and to your computer. Be sure to sign off
when finished using a shared computer.
NOTE:
WE DON'T SELL OR SHARE YOUR INFORMATION WITH OTHERS!