INTRODUCTION
Welcome to gmart.pk website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USER ELIGIBILITY
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. 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.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. 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 any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
INTELLECTUAL PROPERTY
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
DISPUTES
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions 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.
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.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Pakistan. Each party hereby agrees to submit to the jurisdiction of the Pakistan courts and to waive any objections based upon venue.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, 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 this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties 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. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site
