Effective date: 2020-03-23
Welcome to Asaan Commerce (Private) Limited.
Asaan Commerce (Private) Limited and is affiliates, associated companies, persons and entities (“us”, “we”, or “our”) operate https://www.unityretail.com (hereinafter referred to as “Service”).
SERVICE means the https://www.unityretail.com website operated by us.
PERSONAL DATA means data about a living individual who can be identified from such data.
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your electronic devices .
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER / MERCHANT is the individual using our Service. THE USER corresponds to the Data Subject, who is the subject of Personal Data.
BUYER is the customer of THE USER that buys from THE USER on their platform or directly.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
4. Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you and your buyers (“Personal Data”). Personally identifiable information may include, but is not limited to:
i. Email address
ii. First name and last name
iii. Phone number
iv. Registration number (MERCHANTS Only)
v. Address, Country, State, Province, City
vi. Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by requesting us directly.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
i. Session Cookies: We use Session Cookies to operate our Service.
ii. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
iii. Security Cookies: We use Security Cookies for security purposes.
iv. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Service, we may also collect the following billing information of MERCHANT:
Bank Account Number, Bank Account Title, Photo Proof, Proof of Address, Proof of Incorporation, Billing Email
5. Use of Data
We use the collected data for various purposes:
i. to provide and maintain our Service;
ii. to notify you about changes to our Service;
iii. to allow you to participate in interactive features of our Service when you choose to do so;
iv. to provide customer support;
v. to gather analysis or valuable information so that we can improve our Service;
vi. to monitor the usage of our Service;
vii. to detect, prevent and address technical issues;
viii. to fulfil any other purpose for which you provide it;
ix. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
x. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
xi. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
xii. in any other way we may describe when you provide the information;
xiii. for any other purpose with your consent.
6. Retention of Data
Personal data of MERCHANT’s BUYERS is purged 2 years after MERCHANT becomes inactive (frozen, closed). Non-personal data (such as financial information) is retained.
We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
i. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
ii. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
iii. Other cases. We may disclose your information also:
(a). to our subsidiaries and affiliates;
(b). to contractors, service providers, and other third parties we use to support our business;
(c) to fulfill the purpose for which you provide it;
(d) for the purpose of including your company’s logo on our website;
(e) for any other purpose disclosed by us when you provide the information;
(f) with your consent in any other cases;
(g) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
10. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.
13. Behavioral Remarketing
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
15. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
16. Children’s Privacy
Our Services are not intended for use by users under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
18. Contact Us
TERMS AND CONDITIONS
Last updated: 2021-07-01
Welcome to Asaan Commerce (Private) Limited!
Asaan Commerce (Private) Limited (the “Company”, “Unity Retail”, “we”, “our” or “us”) operate https://www.unityretail.com.
These Terms of Service (“Terms” or “Terms of Service”) govern your use of our website, https://www.unityretail.com (the “Service”) operated by Unity Retail and constitute a binding agreement be.
You may view the Associated Terms of Service at the following link:
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing us at email@example.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to our newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at firstname.lastname@example.org.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service unavailability, errors in the description or price of the product or service, error in your order or any other reason.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team at email@example.com.
A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing information that may include, but is not limited to, the full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account .
Should billing fail to occur for any reason, we reserve the right to terminate your access to the Service with immediate effect.
6. Free Trial
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time, as determined by us ("Free Trial").
You may be required to enter your billing information in order to sign up for a Free Trial.
If you enter your billing information when signing up for a Free Trial, you will not be charged by Unity Retail until your Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Unity Retail reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel the Free Trial offer.
7. Fee Changes
Unity Retail, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Unity Retail will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) either manually through the web-based interface, or programmatically through the API. You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the use of Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the use of Service. However, by posting Content using the Service you grant us the right and license to use, compile, modify, analyze, store, disseminate, display, reproduce, and distribute such Content if and when required by us.
Unity Retail has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of Unity Retail. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
i. In any way that violates any applicable national or international law or regulations
ii. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
iii. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
iv. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
v. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
vi. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
vii. To engage in selling/fulfillment of any product that might be considered, unethical, unlawful, illegal, fraudulent, or harmful which includes but not limited to adult or pornographic material, drugs, or is otherwise inappropriate as determined by us in our sole discretion
Additionally, you agree not to:
i. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
ii. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
iii. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
iv. Use any device, software, or routine that interferes with the proper working of Service.
v. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
vii. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
viii. Take any action that may damage or falsify Company rating.
ix. Otherwise attempt to interfere with the proper working of Service.
You agree that We may use third-party service providers to monitor and analyze the use of our Service.
12. No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
When you create an account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide to us, is accurate, complete, and up to date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Unity Retail and its licensors. Service is protected by copyright, trademark, and applicable laws. Our trademarks may not be used in connection with any product or service without the prior written consent of Unity Retail.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyright work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
16. Procedure for Copyright Infringement Claims
You may submit a notification providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
ii. a description of the copyright work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyright work exists or a copy of the copyright work;
iii. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com.
17. Error Reporting and Feedback
You may provide us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
18. Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Unity Retail.
Unity Retail has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of Islamic Republic of Pakistan, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
23. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
24. Amendments to Terms
We may amend Terms at any time by posting the amended terms on our website. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for technical support by email: email@example.com.
1. You (the “Customer”) hereby acknowledge that you are a customer of Asaan Commerce (Private) Limited (“Company”) and intend to avail the services provided by the Company by way of rendering goods and materials owned by the Customer for shipment/freight/courier services in order to transport the Customer’s goods to a pre-selected destination (“Services”).
2. The Customer hereby acknowledges that the Company will be outsourcing the Services to various other courier service companies, and further acknowledges that any contract or agreement entered into to facilitate such purpose will have been entered into by the Company on behalf of and for the benefit of the Customer.
3. The Customer undertakes and confirms that all the government levies, taxes and duties in respect of the shipments/goods being stored and/or transported have been paid in full and undertakes to provide all legal and valid documents, including but not limited to invoices, bills of entry/landing (in case of imported goods) etc., pertaining to the said shipments, goods/items, whenever required by competent authorities or by the Company or courier service companies on behalf of said authorities.
4. In the event of any incident involving legal proceedings including inspection, confiscation or detention of goods, taken by the government authorities, the Customer shall take full responsibility for the same and deal directly with the said authorities to comply with all the legal and procedural requirements for the said authorities. Additionally, the Customer hereby confirms that the Company is not responsible to verify or check the relevant documents of the goods/shipment. The Company shall have no legal or financial responsibility in such cases at any given time to get such seized/detained or confiscated goods released.
5. The Customer undertakes that it shall not provide the Company with any goods/articles or materials for onward shipment which fall within the following categories: counterfeit/fake goods, illegal/prohibited products, currency, jewelry, bullion, antiques, liquor/alcohol, stamps, precious metals/stones, works of art, firearms, plants, drugs, explosives, animals, perishables, negotiable instruments in bearer form, lewd/obscene/pornographic materials, industrial carbons and diamonds, items/articles restricted by the International Air Transport Association, or the International Civil Aviation Organization, hazardous or combustible material, explosives, dangerous goods, property of which carriage is prohibited by any law, regulation or statute of any Provincial or Federal Government of Pakistan. The Customer shall indemnify and hold the Company harmless against any and all losses or damages arising out of the Company’s failure to comply with such restrictions.
6. The Customer agrees that if any government agency, such as the Pakistan Civil Aviation Authority or the Federal Investigation Agency inspect the shipment for any reason (whether security, regulatory or otherwise), the Customer shall be responsible for providing the relevant documents.
7. The Customer hereby acknowledges and affirms that it is the owner of the goods/articles being provided for transport hereunder or it is the authorized agent of the owner of the goods and that it hereby undertakes for itself and as agent for and on behalf of any other person having any interest in the goods/articles for which the Services of the Company are being rendered.
8. The Customer undertakes that it shall properly describe each article/good packaged for shipment, the shipment details are complete and accurate, the shipment has not been declared to be unacceptable for transportation and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
9. The Company has the right to inspect any goods packaged for shipment for any reason whatsoever and at any time, including but not limited to taking inventory of the goods packaged therein prior to transferring the shipment to the courier service company.
10. In the event the Customer’s client/customer selects the option to provide cash-on-delivery in respect of any shipment of a value greater than Rs. 100,000/- (Pakistani Rupees One Hundred Thousand only), the Company retains the right to request the Customer to arrange the collection of the amount receivable from its client/customer on the Customer’s own terms and at their own expense.
11. The Company does not bear any responsibility for any delay in delivery/failure to deliver or delay/failure in reimbursement of the amount(s) receivable to the Customer caused by the courier service company.
12. The Customer hereby undertakes to pay any courier/freight charges, Octroi and/or any other duties, advances or any other charges of any kind including pick-up and delivery charges that may be incurred by the courier service company during the shipment/transportation of the goods. Until such charges are paid, the courier service company shall have a lien on any goods shipped or may refuse to surrender possession of the goods.
13. The Customer undertakes that the Company shall not have any liability for any loss or damage to the shipment (which term shall include all documents or parcels provided to the Company to consign to a courier service company) or if the shipment is misrouted, or not delivered due to unforeseeable circumstances, and the Customer hereby agrees to indemnify the Company to the extent of any inconvenience, damage, cost, expense, fines, penalty, liabilities, claims, or loss of goodwill and reputation suffered by the Company or any of its owners, directors, officers, and employees due to incorrect/untrue representation hereunder and/or violation of any law and all other losses that may be incurred during the shipment and transportation process or otherwise
14. The Customer indemnifies and holds the Company harmless and certifies that the Company shall not be liable for any consequential or special damages or other indirect loss, however arising, whether or not the Company had knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, use of contents or loss of market.
15. The Company shall not, under any circumstances, be liable for delay in pick up, transportation or delivery of any shipment regardless of the cause of such delay.
16. The Customer acknowledges that the courier service company shall be appointed as its agent to conduct customer clearance and entry or to designate/ appoint any other party to do the same on the Customer’s behalf and certifies the service provider company or its appointed representative for the purpose of designating a customs broker to perform customer clearance and entry.
17. The Customer hereby affirms that the contents of this undertaking are unequivocal and unconditional.
18. The Services may, from time to time, be provided by the affiliates or associated entities or persons of the Company (“Affiliates”), and the Customer hereby acknowledges and agrees that the terms and conditions of this undertaking shall extend to and apply for the benefit of the Affiliates where the Services are being provided by the Affiliates, whether directly or through the Company.