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Terms of Use

These Terms & Conditions of Use (the “Terms”) govern the terms and conditions of your use of this website, namely www.affordable.pk (the “Website”), which includes all the services availed by you through this Website (the “Services”) and placing orders for the Products.

Your use of this Website creates a binding and legally-enforceable contract between yourself and Affordable.pk (the “Company”, “we” and “us”). By accessing this Website and receiving the services and ordering the products provided therein, you acknowledge that you have read, understood and accepted these Terms. If you do not understand or accept any of these Terms or do not wish to be legally bound by them, you should discontinue use of this Website and not place any order.

1. User Account

1.1 Eligibility Criteria:

By using, registering or ordering any product available on this Website (hereinafter referred to as the “Product”), you represent that:

(i) you are at least eighteen (18) years of age;

(ii) you are aware of the local, state, and federal laws regarding purchasing, importing and possession and use of the Products in your jurisdiction;

(iii) you have not been convicted of any criminal offence;

(iv) you are under no legal bar from using this Website and/or ordering Products therein; and

(v) you are not of mentally diminished capacity and are fully competent to understand and follow these Terms and to ensure the safe use of the Products.

1.2 Ordering: If you fulfill the eligibility criteria mentioned in Clause 1.1 above and elsewhere, you are entitled to order Products on this Website. You shall ensure that all information that you provide in the process of use of this Website is accurate and verifiable. You further represent that you are in possession of all the original documents to confirm the information provided by you in such process.

1.3 No Multiple, Fake Identities: You are only permitted to use one identity/username (and corresponding contact details) at a time. You may not create a username on behalf of any person, whether authorized or not. You may not impersonate any other person while using the Website.

2. No Assignment

You shall not transfer, assign or sub-license your account to any third party.

3. Uploaded Information

3.1 Corrupted Data: You warrant that the uploaded information uncorrupted and free from bugs, viruses, errors or defects. You further warrant that you have scanned the uploaded information from an internationally recognized virus scanner prior to uploading the same.

3.2 Verification: The Company has not conducted, and is not liable for conducting, any due diligence regarding the veracity and accuracy of any information provided by you on this Website. You hereby hold the Company, its directors, employees, associates and business partners harmless in the event of any claims, suits or proceedings arising out of any incorrect information provided by yourself.

4. Rules of Use

4.1 Investigation: The Company has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Website and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. Notwithstanding the foregoing, in the event that the Company fails to exercise any power under this Clause, it disclaims all liability resulting therefrom.

4.2 Intended Purpose: Your use of the Website shall be limited to the purpose for which it is intended only. By using the Website, you warrant that you shall not use the Products for any illegal, threatening, malicious or otherwise harmful purposes. You further warrant that you shall comply with all measures, rules and regulations for the safe use of the Products. You are responsible for implementing sufficient procedures, checkpoints and safeguards for the safe use of the Products.

4.3 Not for Medical Use: The Products are not intended for any medical or surgical purposes. You shall not use the Products for any such purposes nor shall you permit the use of the Products for any medical or surgical purposes, including first aid.

4.4 Children: You shall not permit the use of the Products for use by persons under eighteen (18) years of age (“children”). You shall, at all times, ensure that the Products are kept outside the reach of children.

4.5 Prohibited Posts: While using the Website, including any chat or discussion boards therein, you shall not post or enter, or provide external links to:

(i) any defamatory, abusive, harassing material;

(ii) any obscene or pornographic language, pictures or other forms of expression;

(iii) any incendiary language or material that may discriminate any class of persons or any form of hate speech;

(iv) language that expresses disrespect for the any sovereign state and any institutions thereof;

(v) any illegal material or material that encourages any illegal activity;

(vi) disseminate any political, religious or ideological messages or information;

(vii) invite or encourage users to form any interest groups or unions;

(viii) content encouraging conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

(ix) any commercial advertising or solicitation for any business, whether yours or otherwise; or

(x) any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Website.

The Company may fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.

4.6 Compliance with Laws: You shall use the Website, the Services and the Products in compliance with:

(i) all applicable laws, rules and regulations of your jurisdiction, including laws pertaining to customs, imports, safety, security, privacy and confidentiality; and

(ii) any judgment or decree binding upon you;

(iii) your contractual and fiduciary obligations with third parties;

(iv) duty and standards of care, safety and security.

5. Disclaimer

5.1 Customs: International orders are shipped at your risk. By placing an international order, you assume all risk of confiscation en route by customs authorities. You shall be responsible solely for payment of all or any customs duties and tariffs. The Company shall not be responsible or liable if the Products are illegal in your jurisdiction or if customs should confiscate or return the merchandise to us, in which case you shall be responsible for all shipping charges including return shipping charges.

5.2 Use of Products: The Company is not responsible for, and shall not be held responsible for, any unsafe, malicious or illegal use of the Products, including imports thereof. In the event of any such use of the Product by you or any third party using the Product you purchased from the Website, you shall hold the Company, its directors, employees, staff, affiliates and vendors harmless from any losses to any person arising therefrom.

5.3 Compatibility: The use of the Website is at your own risk. The Company does not guarantee that it will find a suitable Product in accordance with your requirements within any given time.

5.4 Errors and Defects: The Company does not warrant that the electronic functions contained in or on the Services will be uninterrupted or error free, that defects will be corrected, or that the Website, or the server that makes it available, are free of viruses or bugs or represents full functionality.

5.5 Chats; Discussions: Although the Company may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website.

5.6 Protection of Data: The Company remains committed to protecting the integrity and privacy of your data. However, the Company shall not be liable for any hack, breach or other unauthorized access or use of your information or any other negative consequence despite its best efforts to avoid the same.

5.7 No Warranty: The Products, the Website and/or information and material contained therein, provided therewith, available on or accessed through it are provided on “as is” and “as available” basis only, without warranty of any kind. The Company disclaims, to the fullest extent permitted by law, all warranties, either express or implied, statutory or otherwise, conditions, representations, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, reliability, timeliness, completeness, adequacy, currentness and non-infringement of third party rights. Except where prohibited by law, this disclaimer also includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.

5.8 No Verification: The Company has not conducted any verification or due diligence of any information provided by third parties, including the manufacturers and suppliers of the Products, on the Website. In the event of any loss suffered by yourself due to any misrepresentation by any person on this Website, you shall not hold the Company liable. The Company encourages you to conduct your independent due diligence of any Products that you view on the Website, including seeking user reviews thereof.

5.9 Liability: When using the Website, information may be transmitted over a medium that is beyond the control and jurisdiction of the Company. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with the Services.

6. Personal Information

The personal information you submit at the Website is governed by these Terms and the Affordable.pk Privacy Policy (the “Privacy Policy”). To the extent that there is any inconsistency between the Terms and the Privacy Policy, the Terms shall prevail, but only to the extent of the inconsistency.

7. Data Protection

7.1 Passwords: You are responsible for taking all reasonable steps to ensure that no unauthorized person has or gains access to your password or account. It is your sole responsibility to (i) control the dissemination and use of your login name(s) and password(s); (ii) authorize, monitor, and control access to and use of your Account and password; and (iii) promptly inform the Company if you believe your username/account or password has been compromised or if there is any other reason you need to deactivate your account. To send us an e-mail, use the "Contact Us" link located on the Website, which is provided above. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website.

7.2 Protection: You are responsible for implementing sufficient procedures, checkpoints and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction or recovery of lost data.

8. Maintenance Downtime

The Company may, in rare cases, be required to suspend the Website temporarily for maintenance and/or up-gradation. While this suspension may be undesirable for you, the Company will try its best to avoid this outcome and it will do so only when it is absolutely necessary and in the best interests of its valued customers.

9. No Liability

Neither the Company nor any of its holdings, affiliates, subsidiaries, associated companies, or their respective shareholders, directors, executives, employees or other representatives, shall be liable or responsible for any direct, indirect, special, incidental, punitive and/or consequential damages arising out of the use, or the inability to use, access to, or reliance upon the information on the Website, in whole or in part, under any circumstances.

10. Indemnity

By using the Website, the Services and purchasing the Products, you agree to defend and indemnify the Company, its owner(s), shareholder(s) (if applicable), director(s) (if applicable), officers, employees, affiliates, agents, licensors and suppliers and hold them harmless from and against all or any consequences, actions, claims, losses, liabilities, demands and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or arising out of, or alleged to arise out of:

(i) your breach or violation of any of the Terms;

(ii) your misuse of the Website, the Services or the Products;

(iii) the actions of any person using the User ID and password assigned to you for your account;

(iv) any misrepresentations made by you while using the Website, the Services or purchasing the Products;

(v) any failure by you to meet your obligations and their deadlines while using the Website; and

(vi) any violation of any applicable laws, rules, regulations or code of conduct whether knowingly or otherwise, while using the Website, the Services or the Products.

11. Intellectual Property Rights

11.1 Title to Intellectual Property: Save as otherwise stated, all intellectual property in the Website, its software and its services, whether in trademarks, copyrights, patents, designs, methods, secrets, source codes, or otherwise, whether registered or unregistered, shall vest in and is the sole and exclusive property of the Company (the “Intellectual Property”). This Intellectual Property also includes but is not limited to:

(i) the "Affordable.pk" name and logo;

(ii) all text, images, artwork and graphics in the Website, including its layout and design of the Website;

(iii) all copyrights in the software of the Website.

11.2 Use of Intellectual Property: You may only use this Intellectual Property in a manner expressly permitted by the Company. Your use of the Website or otherwise receipt of the Services does not give you the right to copy, modify, reverse-engineer, distribute, reproduce, broadcast, publish, sell, license or derive the source code of any or all of the Intellectual Property.

11.3 Intellectual Property Notices: You shall not remove or otherwise alter any trademarks, copyright and other proprietary notices contained on the Products during your use of the Products.

11.4 Third Party Breach: In the event that you suspect a breach of the Intellectual Property rights of the Company by a third party, you shall promptly notify the Company of such breach, and shall provide all reasonable information in the Company’s attempts to take all legal measures necessary to protect its Intellectual Property.

11.5 International Protection: The Intellectual Property is protected by national copyright law and international copyright conventions. Any use of the Intellectual Property not expressly permitted by the Terms shall be considered a breach of the Terms.

11.6 Violation: If you violate or breach any of the Terms, your permission to use the Website and the Intellectual Property automatically terminates.

11.7 Rights Reserved: All rights not expressly granted herein or are reserved by the Company.

11.8 Survival: This Clause shall survive the termination of these Terms.

12. Links to Third-Party Resources

Any hyperlink to any third party source or resource on the Website is provided for your convenience and ease of reference only. The Company does not necessarily recommend, endorse or approve, and is not responsible or liable for, any third-party content that may be accessed through any hyperlink on the Website.

13. Independent Contractors

Nothing in the Terms shall be construed to create a relationship of agency, partnership, joint venture or other formal business entity or fiduciary relationship between you and the Company (collectively as the “Parties” and individually as a “Party”).

13. Independent Contractors

Nothing in the Terms shall be construed to create a relationship of agency, partnership, joint venture or other formal business entity or fiduciary relationship between you and the Company (collectively as the “Parties” and individually as a “Party”).

14. Entire Understanding

These Terms constitute the complete agreement and sets out the entire understanding concerning the arrangement between the Parties on the subject matter hereof and shall, as of the effective date hereof, supersede all prior agreement(s) or understanding(s) between the Parties as well as all other communications, representations, promises, proposals, oral or written, negotiations, conversations, or discussions between or among the Parties relating to the subject matter of the Terms.

15. Notices

Any notice required to be served under the Terms shall be deemed to have been served if either delivered through e-mail, registered post or courier service at the respective addresses of the Parties provided and in such a case it shall be deemed (whether it is actually or not) to have been received at the time when such e-mail, registered post or courier would, in the normal and ordinary course, be delivered to the Party to be served.

16. Arbitration

16.1 Negotiation and Mediation: If any dispute arises between the Parties arising from or out of the Terms and/or your use of the Website and the receipt of the Services, the Parties shall endeavour to settle the dispute through negotiation. The period within which negotiations are to be allowed, held and concluded shall not be more than thirty (30) days. If negotiations fail, the Parties shall proceed to mediation which shall be allowed, held and concluded shall not be more than an additional thirty (30) days. The Parties may, by mutual agreement in writing, waive the timelines permitted under this Clause, or vary their lengths.

16.2 Resort to Arbitration: If the Parties are unable to settle the dispute or difference by negotiation or mediation and the timelines provided in Clause 16.1 above lapse, then such dispute or difference shall be referred to arbitration within thirty (30) days from the receipt of a written notice by either Party demanding arbitration.

16.3 Appointment of Arbitrator: You and the Company shall appoint one arbitrator each. In case the arbitrators are unable to reach agreement on the award, they shall refer the matter to an umpire to be mutually appointed by them, who shall rule on the award. The Parties shall share the costs of the arbitration equally, unless otherwise stated in the arbitration award.

16.4 Legal Seat: The arbitration hearings/proceedings shall be conducted under Pakistan’s Arbitration Act, 1940 (or any reenactment thereof) at Lahore, Pakistan and shall be concluded within sixty (60) days from the date of appointment of the arbitrator. For the purposes of enforcement of the arbitral award or any dispute in relation to the arbitration, the Legal Seat shall be Lahore, Pakistan.

16.5 Relief: The arbitrators (or the umpire) shall have authority to award any remedy or relief that a civil court in Lahore, Pakistan could grant in conformity to applicable law, except that the arbitrator shall have no authority to award lawyers’ fees or punitive damages.

16.6 Confidentiality: All arbitration proceedings shall be confidential.

16.7 Judgment: Judgment upon the award rendered by the arbitrators (or umpire) may be entered in any court in Lahore, Pakistan with jurisdiction.

16.8 Injunctive Relief: The arbitration mechanism provided in this Agreement shall not prevent any Party from obtaining any temporary injunctive or other equitable relief from a court of competent jurisdiction. For such purpose, both Parties hereby consent to the jurisdiction of a Court in Lahore, Pakistan with jurisdiction.

17. Modification

The Company may, at its sole discretion, at any time and without prior notice:

(i) change, alter, revise, modify, amend or update any or all of these Terms;

(ii) change the nature of its services; and

(iii) make amendments to the Website

without any liability upon itself, provided that this provision may not prevent the Company from notifying you of any such changes for your convenience. Your continued use of the Website shall indicate your acceptance of such changes. The amended Terms shall be made available immediately on the Website for your reference.

18. Discontinuation

The Company may, at any time, discontinue the Website, or any part thereof, with or without notice. The Company will have no liability to you if this Website is discontinued or your ability to access the Website is terminated for any reason whatsoever.

19. No Waiver

Any failure or delay by the Company to exercise, enforce or demand its rights or remedies under these Terms at any time for any period shall not operate or be construed as a waiver or relinquishment of the Company’s right to enforce strict performance thereof. No single or partial exercise or enforcement by the Company of any right or remedy under the Terms or the law shall preclude any other or future exercise or enforcement of any right or remedy by such party under these Terms or the law. Any waiver of these Terms shall only be valid if it is in writing by the Company.

20. Headings

The headings in these Terms are for your use of reference only and shall not affect the construction or interpretation of these Terms.

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