PLEASE READ THESE TERMS OF SERVICE DEFINED BELOW AS THE "TOS" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms of Service (the “TOS”), and any other rules, regulations and policies referenced or implemented by us, constitute a contract between you (“you” or “User”) and Extreme Commerce (“we” or “us”) and our affiliates. You must read, agree to, and accept all of the terms and conditions contained herein to be a User of our website (the “Website”) located at ec.com.pk. If you do not agree to the TOS do not use and/or access the Website/App. By using, accessing or visiting the Website/App you accept all the terms and conditions contained herein. The TOS are subject to the applicable laws of Pakistan. If any provision of the TOS is found to be unenforceable, it will not affect the enforceability of the remaining provisions and all remaining provisions of the TOS will continue in full force and effect.

We may partially or entirely revise and update the TOS at our sole discretion, and will post any updates to the same on the Website/App. Your continued use of the Website/App, or any other service provided through the Website/App, means that you accept, agree and are bound by the modified TOS.


1. ABOUT THE WEBSITE/App AND SCOPE OF SERVICES

  1. The Website/App, which is created, hosted and maintained by us, provides the following services (hereinafter collectively "the Website/App Services"):
    1. An online business training platform (the "Platform") where Users may avail one of the e-commerce business training programs offered by us on terms and conditions specified herein below and;
    2. An online marketplace (the “Marketplace”) where Users can order, buy and sell various services from one another (the "Services")
  2. Scope of Services pertaining to the Platform:
    1. We offer the following training programs (“Programs”) in the field of ecommerce business solutions:
      • Video Boot Camp (“VBC”);
      • Boot Camp ("BC");
      • One on one Personal Coaching ("PC");
      • Elite;
      • Elite Plus.
    2. Users who opt for Elite Plus will be entitled to all benefits and features of the preceding Programs. Whereas Users who opt for any other Program will be entitled to the benefits and features of only those Programs which precede their chosen Program. For the avoidance of doubt, Users who opt for PC will be entitled to all of the benefits and features of the BC and VBC Programs and; Users who opt for the BC Program will be entitled to all of the benefits and features of the VBC Program.
    3. We reserve the right to refuse enrolment of any User in a Program for any reason without prior notice and/or discontinue the Program entirely or in part at any time
    4. You understand and acknowledge that the Programs are intended to enhance technical expertise, know-how and knowledge and do not constitute any form of warranty or guarantee on our part as to the success of any of your future business ventures.
  3. Scope of Services pertaining to the Marketplace:
    1. The actual transaction for sale and purchase of Services is directly between the Users, i.e. those who are offering to sell their services (“Sellers””) and Users desiring to buy and/or order such services (“Clients”) through a service contract (“Service Contract”).
    2. We may facilitate the formation of the Service Contract, and if requested, assist Users in resolving disputes which may arise in connection with the transaction and/or the Service Contract between them.
    3. Notwithstanding the above, we do not inter alia make, design, sell, advertise, market and/or control the production or delivery of any Services offered through the Website/App.
    4. We in no way pre-screen, verify, guarantee, or warrant as to the quality, legality, safety, and/or suitability of the Services and their availability, safety and/or existence, offered on or through the Website/App.
    5. We have no control over, nor do we guarantee the truth or accuracy of Users' content or listings; the ability of Sellers to sell or work on any Services; the ability of Clients to pay for Services; delivery of Services, or that Users will actually complete a transaction.
    6. You are solely responsible for verifying the accuracy of your delivery address; we shall have no liability or responsibility for any inaccuracies in your address.

2. ACCOUNT REGISTRATION RULES FOR ALL USERS

  1. All Users are required to create and register an account to access and/or avail Website/App Services (the “User Account”). Notwithstanding the provisions under this clause, we reserve the right to decline a registration to sign up for the Website/App.
  2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur on the Website/App via your User Account.
  3. You are solely responsible for notifying us immediately if you suspect or become aware of any unauthorized use of your User Account or any unauthorized access to the password for any account you have registered on the Website/App.
  4. 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.

3. ACCOUNT TYPES

  1. To use the Website/App, a User may create one of the following types of accounts (“User Accounts”):
    • Client Account;
    • Seller Account;
  2. You agree not to have or register for more than one User Account without express written permission from us.

4. RULES FOR SELLERS

  1. You acknowledge and warrant that you shall fulfil orders for the Services offered by you via the Website/App at the price and time agreed between you and a Client.
  2. You represent and warrant that you are qualified to provide the Service offered by you on the Website/App and that you will at all times conduct yourself in a professional manner and in compliance with the TOS and all applicable laws.
  3. You undertake that you shall not offer any Services which in any way violate the TOS.
  4. You understand and acknowledge that we reserve the right to remove any of your Service listings at any time and for any reason without any prior notice to you.

5. RULES FOR CLIENTS

  1. You agree and accept all terms and conditions specified in these TOS, including our refund policy, when you agree to purchase a Service or subscribe to a Program.
  2. You will not copy any material or technique obtained or learned via a Program for the purpose of creating a similar program, platform or marketplace.
  3. You understand and acknowledge that we reserve the right to delete or suspend your account if you violate these TOS or for any other reason we deem fit and proper

6. USER REPRESENTATIONS

  1. By using the Website/App, you represent and warrant that:
    • All registration information you submit will be true, accurate, current, and complete;
    • you will maintain the accuracy of such information and promptly update such registration information as necessary;
    • You have the legal capacity to access the Website/App and you agree to comply with the TOS;
    • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website/App;
    • you will not access the Website/App through automated or non‐ human means, whether through a bot, script or otherwise;
    • you will not use the Website/App for any illegal or unauthorized purpose;
    • your use of the Website/App will not violate any applicable laws or regulations;
    • 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 all current or future use of the Website/App by you.
  2. You may not use the Website/App for any illegal or unauthorized purpose. Such unauthorized purposes include, but are not limited to, the sale, usage or posting of the following: (i) intoxicants of any sort, (ii) illegal drugs or other illegal products, (iii) alcoholic beverages, (iv) games of chance and; (v) pornography or graphic adult content, images, or other such adult products and services. Postings and/or sale of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from the Website/App.
  3. You understand and acknowledge that you have been granted a non-exclusive, non-transferable, revocable license to access and use the Website/App Services. As a condition of your use of the Website/App, you warrant that you will not use the Website/App for any purpose that is unlawful or prohibited by the TOS. You may not use the Website/App in any manner which could damage, disable, overburden, or impair the Website/App, or interfere with any other party's use and enjoyment of the Website/App
  4. You understand and acknowledge that we will not be liable for any damages or legal action you may face if you attempt to use the Website/App for unauthorized, illegal or unlawful purposes.
  5. You understand and acknowledge that no representations have been made to you by us regarding the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Website/App or displayed or offered through the Website/App.
  6. You understand and agree that the content of the Website/App does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations portrayed on the Website/App.
  7. You acknowledge that we do not endorse, guarantee or recommend any marketplace listing and/or offerings and/or Services.
  8. You understand and acknowledge that we shall bear no responsibility for any loss, damage or personal injury which may be suffered by you while requesting and accepting delivery and/or completion of Services purchased through the Website/App.
  9. You understand and agree that you are responsible for complying with all safety protocols, regulations and SOPs while utilizing Website/App Services and you agree to hold us harmless for any such loss, damage or personal injury which may be suffered by you.
  10. You acknowledge and understand that we reserve the right to revoke the privileges of your User Account or access to or use of the Website/App without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your User Account.

7. RELATIONSHIP

  1. We do not introduce Users to one another or find Services for them. Sellers may be notified through the Website/App of Clients that may be seeking the services they offer and Clients may be notified of Sellers that may offer the services they seek. Notwithstanding the forgoing, Users are, at all times, responsible for evaluating and determining the suitability of any Service, Client or Seller on their own.
  2. Once Users enter into a Service Contract with one another, any and all terms and conditions are in relation to the same, including but not limited to scope of work, payment, delivery, timeline and quality is between the said Users and we are not a party to and not liable under the said Contract whatsoever.
  3. We do not give any warranty or take responsibility for the ability of Sellers to deliver Services, the time limit of providing the said services; the ability of Clients to pay for Services; Users’ training and qualifications, content, posts or statements made by them; or the ability or willingness of a Client or Seller to actually complete a transaction.
  4. You also acknowledge, agree, and understand that Users are solely responsible for determining which Services to accept and/or offer; the time, place, manner, and means of providing any services and/or work in relation to a Service; the type of services they provide; and the price they offer and charge or how pricing is determined or set.
  5. You acknowledge that the relationship between us is that of independent contractors. It is understood that we are not involved in a relationship of employer and employee, principal and agent, partners, joint venture, or any similar relationship whatsoever between you and us as a result of the TOS and/or use of the Website/App.

8. FEES, PURCHASES AND PAYMENT

  1. Payments for usage of the Platform and availing each of the Programs shall be determined by us in our sole discretion and may be subject to change from time to time.
  2. In consideration for creating and allowing usage of the Marketplace by Users, a service fee (the “Service Fee”) of [●]% from every purchase made on the Marketplace shall be subtracted by us.
  3. All payments made through the Website/App shall be processed by us and/or an appointed third-party service provider.
  4. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/App. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we may complete your transactions and contact you as needed.
  5. You hereby authorize us to charge your chosen payment provider for any such amounts upon placing an order for a particular Service or Program. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  6. Sales tax and all applicable taxes will be added to the price of the Service or Program as required under applicable laws.
  7. We reserve the right to refuse any order for a Service or Program placed through the Website/App and/or exercise sole discretion to limit or cancel purchases.
  8. All payments to be made in foreign currencies will be in PKR as per the exchange rate on the date of payment.
  9. We reserve the right to change any fee specified in the TOS. No refunds shall be offered for the Program fees or any other fees or payment made or collected via usage of the Website/App.
  10. You acknowledge and agree that as a User, you shall make and receive payments for Services and Programs only through the Website/App. A violation of this provision shall constitute a material breach of the TOS and your Account may be permanently suspended if you violate this section.
  11. You agree not to:
    • Offer or solicit or accept any offer or solicitation from parties identified through the Website/App to contract, hire, invoice, pay, or receive payment regarding a Service or a Program in any manner other than through the Website/App
    • Refer a User you identified on the Website/App to a third-party who is not a User of the Website/App for the purpose of making or receiving payments other than through the Website/App.
  12. You agree to notify us immediately if a person suggests that you make or receive payments other than through the Website/App in violation of the TOS.

9. INTELLECTUAL PROPERTY

  1. All content posted on the Website/App, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website/App, is our property or the property of the Seller who legally posted it and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, or other restrictions contained in any such content, and will not make any changes thereto.
  2. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website/App. Our content is not for resale. Your use of the Website/App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by the TOS.
  3. You shall not:
    • Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website/App;
    • Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website/App;
    • Violate any applicable laws, rules, or regulations in connection with your access or use of the Website/App;
    • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or Sellers on the Website/App;
    • Use the Website/App for any other purpose for which it is not designed or intended;
    • Use the Website/App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Website/App;
    • Use the Website/App to send automated queries to any other website/App or to send any unsolicited commercial e‐mails;
    • Use any proprietary information or any of our interfaces or our intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Website/App

10. USER INFORMATION ON THE WEBSITE/App

  1. You hereby acknowledge and agree that Users publish and request us to publish on their behalf information on the Website/App about Users (including themselves and others), inter alia such as feedback, composite feedback, reviews, User ratings, indicators of User satisfactions, geographical location, verification of identity or credentials (“User Information”). However, such information is based solely on unverified data that Sellers and Clients voluntarily submit to us and does not constitute and will not be construed as an introduction, endorsement, or recommendation by us. You further agree and acknowledge that we provide such information solely for the convenience of Users.
  2. By posting User Information on the Website/App, you are granting us a non– exclusive, worldwide, fully paid–up and royalty–free, fully assignable, transferable, and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on the User Information, in whole or in part, in any form, format, or medium now or hereafter known. By posting User Information on the Website/App, you represent and warrant that the posting of your User Information does not violate the TOS or any applicable laws or infringe any third-party rights.
  3. You may not post User Information that:
    • Violates any copyright, trademark rights, patent rights, rights in knowhow, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
    • Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
    • You know (or reasonably should know) is false, deceptive, or misleading;
    • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
    • Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates the TOS;
    • Violates any applicable provincial, federal, or international laws.
  4. We do not and shall not have any obligation to review User Information, and therefore we do not guarantee the accuracy, integrity, or quality of User Information and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Information will not appear on the Website/App. We do, however, reserve the right to review any or all User Information as well as alter, edit, or remove any User Information, in whole or in part, at our sole discretion.
  5. Under no circumstances shall we or our affiliates be liable in any way for any User Information posted on or made available through the Website/App. We do not control, have no obligation to monitor, and are not responsible for what Users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Information on the Website/App.
  6. If you believe that any content on the Website/App infringes on the intellectual property of a third party, you may send a complaint regarding such infringement to us. To submit your complaint, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Website/App that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

11. GUIDELINES FOR REVIEWS, COMMENTS, RATINGS AND FEEDBACK

  1. We may provide you areas on the Website/App to leave reviews, comment, ratings and/or feedback for Services received by you from Sellers. When posting a review, you must comply with the following criteria:
    • Your review, comment, rating and/or feedback must be fair and truthful;
    • You have personally received and/or experienced the Service you are reviewing;
    • Your reviews, comments, ratings and/or feedback should not contain offensive profanity, abusive, racist, offensive language, or anything that constitutes hate speech;
    • Your reviews, comments, ratings and/or feedback should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
    • Your reviews, comments, ratings and/or feedback should not contain references to illegal activities;
    • You may not post any false or misleading statements;
    • You may not organize a campaign encouraging others to post reviews, whether positive or negative;
    • You must not post anything which violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
    • You must not post anything that contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords.
  2. We do not and shall not have any obligation to check reviews, comments, ratings and/or feedback, and therefore the same does not guarantee the accuracy, integrity, or quality of the reviews posted.
  3. We cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable reviews will not appear on the Website/App. We however, reserve the right to review any or all reviews, comments, ratings and/or feedback at our sole discretion. In addition, we reserve the right to alter, edit, or remove any reviews, comments, ratings and/or feedback in whole or in part, at our sole discretion.
  4. Reviews, comments, ratings and/or feedback are not endorsed by us, and do not represent our opinions or views.
  5. We do not assume liability for any review, comment, rating and/or feedback or for any claims, liabilities, or losses as a result thereof. You agree to assume liability for any loss or claims that may arise due to your review.
  6. By posting a review, comment and/or feedback, you hereby grant us a perpetual, non‐exclusive, worldwide, royalty‐free, fully‐paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to your review, comment, rating and/or feedback.

12. TERM AND TERMINATION

  1. The TOS shall remain in full force and effect while you use the Website/App. Without limiting any other provision of the TOS, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website/App to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in the TOS or of any applicable law or regulation. We may terminate your use of or participation in the Website/App or delete your User Account and any content or information that you posted at any time, without warning, in our sole discretion.
  2. If we terminate or suspend your User 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 initiate appropriate legal action.

13. GEOGRAPHIC RESTRICTIONS.

  1. The Website/App and the services offered are predominantly based in Pakistan; however, it may be accessed worldwide. If there is any change in the geographical accessibility of the Website/App, we will post an announcement on the Website/App clarifying the same.
  2. You acknowledge that (i) we are not liable for any loss or damage incurred by you or anyone else arising from the change in the Website/App’s geographical accessibility, and (ii) you may not be able to access all or some of the Website/App Services outside of Pakistan and that access thereto may not be legal by certain persons or in certain countries.

14. DESCRIPTION WARRANTIES.

  1. We attempt to be as accurate as possible when posting information pertaining to Users. However, we do not warrant that such information is accurate, complete, reliable, current, or error-free. The User Content posted on the Website/App is solely based on the information provided to us by Users.
  2. There may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to the Website/App, including description of business, pricing and availability of Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website/App at any time, without prior notice.
  3. We do not bear responsibility for any loss you may incur due to inaccurate information posted on the Website/App.

15. MODIFICATIONS AND INTERRUPTIONS.

  1. We reserve the right to change, modify, or remove the contents of the Website/App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Website/App. We also reserve the right to modify or discontinue all or part of the Website/App without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of any part of the Website/App.
  2. We cannot guarantee that the Website/App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/App 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 Website/App during any downtime or discontinuance of any part of the Website/App. Nothing in these TOS will be construed to obligate us to maintain and support the Website/App or to supply any corrections, updates, or releases in connection therewith.

16. LINKS TO OTHER WEBSITE/AppS.

  1. The Website/App may display, include, or make available third-party content (including data, information, logos, applications, and other products, services, and/or materials) or provide links to third-party website/Apps or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.
  2. Inclusion of any linked website/App on the Website/App does not imply or constitute approval or endorsement of the linked website/App by us. If you decide to leave the Website/App to access these third-party sites, you do so at your own risk.

17. FORCE MAJEURE.

  1. Except as expressly otherwise provided herein, the Website/App Services may be suspended by us if there is an issue due to adverse weather conditions, pandemics, lack of fuel availability, power breakdowns, riots, imposition of restrictions by local governments, maintenance delays or any other causes beyond our control which prevent us from performing our obligations. We shall not be liable for any loss, damage or claim that arises due to our inability to provide the services specified in the TOS due to a Force Majeure event.

18. INDEMNIFICATION.

  1. You agree to indemnify and defend us, our officers, directors, employees, agents and affiliates for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Website/App. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

19. ELECTRONIC COMMUNICATIONS

  1. Visiting and using the Website/App, or sending e-mails to us constitutes electronic communication. You consent to receive electronic communication via, text message, phone call and e-mails. You accept that all agreements, notices, updates, terms, disclosures, and other communication that we provide to you electronically, via email, and on the Website/App, satisfy any legal requirement that such communication be in writing.
  2. To opt-out of receiving marketing e-mails from us, you may follow the “unsubscribe” link on the e-mail or text STOP to change your user preferences
  3. There are certain communications including, but not limited to, legal notices that you cannot opt-out of without deactivating your account and thus you agree to continue receiving the same.

20. WARRANTIES AND LIMITATION OF LIABILITY

  1. We and/or our affiliates make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, accuracy of the User Accounts, User Content, software, Services and related graphics contained on the Website/App for any purpose. To the maximum extent permitted by applicable laws, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. We and/or our affiliates hereby disclaim all warranties and conditions with regard to the Website/App and related information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non- infringement. You agree that your use of the Website/App and your reliance on any information provided through the Website/App will be at your own risk.
  2. We do not warrant that the services, information and content (including software) or other services included on or otherwise made available to you through the Website/App are free of viruses or other harmful components. We shall however, on a best effort basis, attempt to ensure that the aforesaid services are free of viruses or other harmful components.
  3. We will not be a party to or in any way be responsible for monitoring any transaction and/or contracts entered into between you and a Seller
  4. To the maximum extent permitted by applicable laws, in no event shall we and/or our affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website/App, with the delay or inability to use the Website/App, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Website/App, personal injury, property damage, or otherwise arising out of the use of the Website/App, whether based on contract, negligence, strict liability or otherwise, even if we or any of our affiliates have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website/App, or with any part of the TOS, your sole and exclusive remedy is to discontinue using the Website/App.
  5. To the extent a User provides sensitive and/or confidential information (Confidential Information”) to another User, the recipient will protect the secrecy of the discloser’s information with the same degree of care as it uses to protect its own, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on his premises, systems, or any other equipment otherwise under his control.

21. GOVERNING LAW

  1. The TOS shall be treated as though they were executed and performed in Pakistan and shall be construed and governed in accordance with the laws of Pakistan.

22. DISPUTE RESOLUTION

  1. You agree that any question, controversy, difference or dispute whatsoever arising between or among you and another User or you and us regarding the TOS or usage of the Website/App shall be resolved through friendly consultation upon receipt of a notice from you.
  2. If the dispute cannot be amicably resolved within 30 (Thirty) days of receipt of the notice (or any further period determined via mutual consent), the matter may be referred to and settled via arbitration by a sole arbitrator in accordance with the provisions of the Arbitration Act, 1940. Any award made during the course of such arbitration shall be final and binding and judgment may be entered upon the award in any competent court in Karachi. The place of arbitration shall be Karachi and the arbitration shall be conducted in the English language.
  3. The party desirous of initiating arbitration must notify the other party in writing by certified mail, return receipt requested, or hand delivery within the applicable statutory limitation period. The demand for arbitration must include (i) the name and address of the person or entity seeking arbitration, (ii) a statement of the legal and factual basis of the claim, and (iii) a description of the remedy sought
  4. You agree, understand and acknowledge that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
  5. Notwithstanding any other language in this Arbitration clause, a party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief if necessary to preserve the status quo and prevent the possibility of irreversible or irreparable harm that cannot be adequately remedied by money damages pending final resolution of arbitration proceedings.

23. DISPUTE RESOLUTION

  1. The English Language version of the TOS will prevail in case of any inconsistencies with translated versions, if any.
  2. The Website/App is controlled and operated from our facilities in the Islamic Republic of Pakistan.
  3. The TOS, any policies or operating rules posted by us on the Website/App constitute the entire agreement and understanding between you and us.
  4. Our failure to exercise or enforce any right or provision of the TOS shall not operate as a waiver of such right or provision. The TOS operate to the fullest extent permissible by law.
  5. We may assign any or all of our rights and obligations specified herein to a third party at any time.
  6. We shall not be responsible or liable for any loss, damage, delay, or failure to act due to any cause beyond our reasonable control.
  7. If any provision or part of a provision of the TOS is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of the remaining provisions
  8. You agree that the TOS will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the TOS and the lack of signing hereto to execute the TOS.