By using Waqarmart.com
(‘Site’) you agree to these terms and conditions, privacy policy,
returns and refund policy of the Site. Please read the Terms and
Conditions carefully before using Waqarmart.com.
1. INTRODUCTION
Welcome to Waqarmart.com also hereby known as “we", "us" or "Waqarmart". We are an online marketplace and these are the terms and conditions governing your access and use of Waqarmart along
with its related sub-domains, sites, mobile app, services and tools
(the "Site"). By using the Site, you hereby accept these terms and
conditions (including the linked information herein) and represent that
you agree to comply with these terms and conditions (the "User
Agreement"). This User Agreement is deemed effective upon your use of
the Site which signifies your acceptance of these terms. If you do not
agree to be bound by this User Agreement please do not access, register
with or use this Site. This Site is owned and operated by Waqarmart LLC (Entity Identification Number: 2021-000982270).
The
Site reserves the right to change, modify, add, or remove portions of
these Terms and Conditions at any time without any prior notification.
Changes will be effective when posted on the Site with no other notice
provided. Please check these Terms and Conditions regularly for updates.
Your continued use of the Site following the posting of changes to
Terms and Conditions of use constitutes your acceptance of those
changes.
2. CONDITIONS OF USE
A. YOUR ACCOUNT
To access certain services
offered by the platform, we may require that you create an account with
us or provide personal information to complete the creation of an
account. We may at any time in our sole and absolute discretion,
invalidate the username and/or password without giving any reason or
prior notice and shall not be liable or responsible for any losses
suffered by, caused by, arising out of, in connection with or by reason
of such request or invalidation.
You
are responsible for maintaining the confidentiality of your user
identification, password, account details and related private
information. You agree to accept this responsibility and ensure your
account and its related details are maintained securely at all times and
all necessary steps are taken to prevent misuse of your account. You
should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being,
or is likely to be, used in an unauthorized manner. You agree and
acknowledge that any use of the Site and related services offered and/or
any access to private information, data or communications using your
account and password shall be deemed to be either performed by you or
authorized by you as the case may be. You agree to be bound by any
access of the Site and/or use of any services offered by the Site
(whether such access or use are authorized by you or not). You agree
that we shall be entitled (but not obliged) to act upon, rely on or hold
you solely responsible and liable in respect thereof as if the same
were carried out or transmitted by you. You further agree and
acknowledge that you shall be bound by and agree to fully indemnify us
against any and all losses arising from the use of or access to the Site
through your account.
Please
ensure that the details you provide us with are correct and complete at
all times. You are obligated to update details about your account in
real time by accessing your account online. For pieces of information
you are not able to update by accessing Your Account on the Site, you
must inform us via our customer service communication channels to assist
you with these changes. We reserve the right to refuse access to the
Site, terminate accounts, remove or edit content at any time without
prior notice to you. We may at any time in our sole and absolute
discretion, request that you update your Personal Data or forthwith
invalidate the account or related details without giving any reason or
prior notice and shall not be liable or responsible for any losses
suffered by or caused by you or arising out of or in connection with or
by reason of such request or invalidation. You hereby agree to change
your password from time to time and to keep your account secure and also
shall be responsible for the confidentiality of your account and liable
for any disclosure or use (whether such use is authorised or not) of
the username and/or password.
B. PRIVACY
Please review our Privacy Agreement,
which also governs your visit to the Site. The personal information /
data provided to us by you or your use of the Site will be treated as
strictly confidential, in accordance with the Privacy Agreement and
applicable laws and regulations. If you object to your information being
transferred or used in the manner specified in the Privacy Agreement,
please do not use the Site.
C. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge
that the Site is an online platform that enables you to purchase
products listed at the price indicated therein at any time from any
location using a payment method of your choice. You further agree and
acknowledge that we are only a facilitator and cannot be a party to or
control in any manner any transactions on the Site or on a payment
gateway as made available to you by an independent service provider.
Accordingly, the contract of sale of products on the Site shall be a
strictly bipartite contract between you and the sellers on our Site
while the payment processing occurs between you, the service provider
and in case of prepayments with electronic cards your issuer bank.
Accordingly, the contract of payment on the Site shall be strictly a
bipartite contract between you and the service provider as listed on our
Site.
D. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that
access to the Site is consistently available and is uninterrupted and
error-free. However, due to the nature of the Internet and the nature of
the Site, this cannot be guaranteed. Additionally, your access to the
Site may also be occasionally suspended or restricted to allow for
repairs, maintenance, or the introduction of new facilities or services
at any time without prior notice. We will attempt to limit the frequency
and duration of any such suspension or restriction.
E. LICENSE TO ACCESS THE SITE
We require that by accessing
the Site, you confirm that you can form legally binding contracts and
therefore you confirm that you are at least 18 years of age or are
accessing the Site under the supervision of a parent or legal guardian.
We grant you a non-transferable, revocable and non-exclusive license to
use the Site, in accordance with the Terms and Conditions described
herein, for the purposes of shopping for personal items and services as
listed to be sold on the Site. Commercial use or use on behalf of any
third party is prohibited, except as explicitly permitted by us in
advance. If you are registering as a business entity, you represent that
you have the authority to bind that entity to this User Agreement and
that you and the business entity will comply with all applicable laws
relating to online trading. No person or business entity may register as
a member of the Site more than once. Any breach of these Terms and
Conditions shall result in the immediate revocation of the license
granted in this paragraph without notice to you.
Content
provided on this Site is solely for informational purposes. Product
representations including price, available stock, features, add-ons and
any other details as expressed on this Site are the responsibility of
the vendors displaying them and is not guaranteed as completely accurate
by us. Submissions or opinions expressed on this Site are those of the
individual(s) posting such content and may not reflect our opinions.
We
grant you a limited license to access and make personal use of this
Site, but not to download (excluding page caches) or modify the Site or
any portion of it in any manner. This license does not include any
resale or commercial use of this Site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative
use of this Site or its contents; any downloading or copying of account
information for the benefit of another seller; or any use of data
mining, robots, or similar data gathering and extraction tools.
This
Site or any portion of it (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be
reproduced, duplicated, copied, sold, resold, visited, distributed or
otherwise exploited for any commercial purpose without express written
consent by us as may be applicable.
You
may not frame or use framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout,
or form) without our express written consent. You may not use any meta
tags or any other text utilizing our name or trademark without our
express written consent, as applicable. Any unauthorized use terminates
the permission or license granted by us to you for access to the Site
with no prior notice. You may not use our logo or other proprietary
graphic or trademark as part of an external link for commercial or other
purposes without our express written consent, as may be applicable.
You
agree and undertake not to perform restricted activities listed within
this section; undertaking these activities will result in an immediate
cancellation of your account, services, reviews, orders or any existing
incomplete transaction with us and in severe cases may also result in
legal action
- Refusal to comply with the
Terms and Conditions described herein or any other guidelines and
policies related to the use of the Site as available on the Site at all
times.
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
- Use the Site for illegal purposes.
- Attempt to gain unauthorized
access to or otherwise interfere or disrupt other computer systems or
networks connected to the Platform or Services.
- Interfere with another’s utilization and enjoyment of the Site;
- Post, promote or transmit through the Site any prohibited materials as deemed illegal by The Islamic Republic of Pakistan.
- Use or upload, in any way, any
software or material that contains, or which you have reason to suspect
that contains, viruses, damaging components, malicious code or harmful
components which may impair or corrupt the Site’s data or damage or
interfere with the operation of another Customer’s computer or mobile
device or the Site and use the Site other than in conformance with the
acceptable use policies of any connected computer networks, any
applicable Internet standards and any other applicable laws.
F. YOUR CONDUCT
You must not use the
website in any way that causes, or is likely to cause, the Site or
access to it to be interrupted, damaged or impaired in any way. You must
not engage in activities that could harm or potentially harm the Site,
its employees, officers, representatives, stakeholders or any other
party directly or indirectly associated with the Site or access to it to
be interrupted, damaged or impaired in any way. You understand that
you, and not us, are responsible for all electronic communications and
content sent from your computer to us and you must use the Site for
lawful purposes only. You are strictly prohibited from using the Site
For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any
material that does not belong to you; or is illegal, offensive
(including but not limited to material that is sexually explicit content
or which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory,
libellous, obscene, pornographic, paedophilic or menacing; ethnically
objectionable, disparaging or in breach of copyright, trademark,
confidentiality, privacy or any other proprietary information or right;
or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security
or sovereignty of Pakistan or friendly relations with foreign States;
or objectionable or otherwise unlawful in any manner whatsoever; or
which consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam”.
Use the Site for illegal purposes.
To cause annoyance, inconvenience or needless anxiety
For any other purposes that is other than what is intended by us
G. YOUR SUBMISSION
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 without any notice or legal course applicable
to us in this regard.
H. CLAIMS AGAINST OBJECTIONABLE CONTENT
We list thousands of
products for sale offered by numerous sellers on the Site and host
multiple comments on listings, it is not possible for us to be aware of
the contents of each product listed for sale, or each comment or review
that is displayed. Accordingly, we operate on a "claim, review and
takedown" basis. If you believe that any content on the Site is illegal,
offensive (including but not limited to material that is sexually
explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous,
defamatory, libellous, obscene, pornographic, paedophilic or menacing;
ethnically objectionable, disparaging; or is otherwise injurious to
third parties; or relates to or promotes money laundering or gambling;
or is harmful to minors in any way; or impersonates another person; or
threatens the unity, integrity, security or sovereignty of Pakistan or
friendly relations with foreign States; or objectionable or otherwise
unlawful in any manner whatsoever; or which consists of or contains
software viruses, (" objectionable content "), please notify us
immediately by following by writing to us on support@waqarmart.com We
will make all practical endeavours to investigate and remove valid
objectionable content complained about within a reasonable amount of
time.
Please
ensure to provide your name, address, contact information and as many
relevant details of the claim including name of objectionable content
party, instances of objection, proof of objection amongst other. Please
note that providing incomplete details will render your claim invalid
and unusable for legal purposes.
I. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual
property of others. If you believe that your intellectual property
rights have been used in a way that gives rise to concerns of
infringement, please write to us at support@waqarmart.com and we will
make all reasonable efforts to address your concern within a reasonable
amount of time. Please ensure to provide your name, address, contact
information and as many relevant details of the claim including name of
infringing party, instances of infringement, proof of infringement
amongst other. Please note that providing incomplete details will render
your claim invalid and unusable for legal purposes. In addition,
providing false or misleading information may be considered a legal
offense and may be followed by legal proceedings.
We
also respect a manufacturer's right to enter into exclusive
distribution or resale agreements for its products. However, violations
of such agreements do not constitute intellectual property rights
infringement. As the enforcement of these agreements is a matter between
the manufacturer, distributor and/or respective reseller, it would not
be appropriate for us to assist in the enforcement of such activities.
While we cannot provide legal advice, nor share private information as
protected by the law, we recommend that any questions or concerns
regarding your rights may be routed to a legal specialist.
J. TRADEMARKS AND COPYRIGHTS
Waqarmart.pk, Waqarmart logo, S for Waqarmart logo, Waqarmart, Waqarmart Stationery, Waqarmart Basics
and other marks indicated on our Site are trademarks or registered
trademarks in the relevant jurisdiction(s). Our graphics, logos, page
headers, button icons, scripts and service names are the trademarks or
trade dress and may not be used in connection with any product or
service that does not belong to us or in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
discredits us. All other trademarks that appear on this Site are the
property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us.
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.
K. DISCLAIMER
You acknowledge and undertake
that you are accessing the services on the Site and transacting at your
own risk and are using your best and prudent judgment before entering
into any transactions through the Site. We shall neither be liable nor
responsible for any actions or inactions of sellers nor any breach of
conditions, representations or warranties by the sellers or
manufacturers of the products and hereby expressly disclaim and any all
responsibility and liability in that regard. We shall not mediate or
resolve any dispute or disagreement between you and the sellers or
manufacturers of the products.
We
further expressly disclaim any warranties or representations (express
or implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness
for a particular purpose, or legality of the products listed or
displayed or transacted or the content (including product or pricing
information and/or specifications) on the Site. While we have taken
precautions to avoid inaccuracies in content, this Site, all content,
information (including the price of products), software, products,
services and related graphics are provided as is, without warranty of
any kind. We do not implicitly or explicitly support or endorse the sale
or purchase of any products on the Site. At no time shall any right,
title or interest in the products sold through or displayed on the Site
vest with us nor shall Waqarmart have any obligations or liabilities in respect of any transactions on the Site.
We
shall neither be liable or responsible for any actions or inactions of
any other service provider as listed on our Site which includes but is
not limited to payment providers, instalment offerings, warranty
services amongst others.
L. INDEMNITY
You shall indemnify and hold harmless Waqarmart as owned by Waqarmart LLC,
its subsidiaries, affiliates and their respective officers, directors,
agents and employees, from any claim or demand, or actions including
reasonable attorney's fees, made by any third party or penalty imposed
due to or arising out of your breach of these Terms and Conditions or
any document incorporated by reference, or your violation of any law,
rules, regulations or the rights of a third party.
You hereby expressly release Waqarmart as owned by Waqarmart LLC and/or
its affiliates and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the
actions/inactions of the sellers or other service providers and
specifically waiver any claims or demands that you may have in this
behalf under any statute, contract or otherwise.
M. THIRD PARTY BUSINESSES
Parties other than Waqarmart and
its affiliates may operate stores, provide services, or sell product
lines on the Site. For example, businesses and individuals offer
products via Marketplace. In addition, we provide links to the websites
of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant or
endorse the offerings of any of these businesses or individuals, or the
content of their websites. We do not assume any responsibility or
liability for the actions, products, and content of any of these and any
other third-parties. You can tell when a third-party is involved in
your transactions by reviewing your transaction carefully, and we may
share customer information related to those transactions with that
third-party. You should carefully review their privacy statements and
related terms and conditions.
N. COMMUNICATING WITH US
When you visit the Site, or send
e-mails to us, you are communicating with us electronically. You will be
required to provide a valid phone number while placing an order with
us. We may communicate with you by e-mail, SMS, phone call or by posting
notices on the Site or by any other mode of communication we choose to
employ. For contractual purposes, you consent to receive communications
(including transactional, promotional and/or commercial messages), from
us with respect to your use of the website (and/or placement of your
order) and agree to treat all modes of communication with the same
importance.
Waqarmart's
Buyer-Seller Interaction Policy outlines the standard of behavior that
sellers need to follow when connecting with customers on the Question
& Answer Section, Instant Messenger, and Product Review Platform
(of Waqarmart). Waqarmart monitors all kinds of buyer-seller communications and is authorized to take action in case of any violations.
O. LOSSES
We will not be responsible for any
business or personal losses (including but not limited to loss of
profits, revenue, contracts, anticipated savings, data, goodwill, or
wasted expenditure) or any other indirect or consequential loss that is
not reasonably foreseeable to both you and us when you commenced using
the Site.
P. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to
the Site, its policies, these terms and conditions and any other
publicly displayed condition or service promise at any time. You will be
subject to the policies and terms and conditions in force at the time
you used the Site unless any change to those policies or these
conditions is required to be made by law or government authority (in
which case it will apply to orders previously placed by you). If any of
these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.
Q. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any
delay or failure to comply with our obligations under these conditions
if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory
rights.
R. WAIVER
You acknowledge and recognize that we
are a private commercial enterprise and reserve the right to conduct
business to achieve our objectives in a manner we deem fit. You also
acknowledge that if you breach the conditions stated on our Site and we
take no action, we are still entitled to use our rights and remedies in
any other situation where you breach these conditions.
S. 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.
T. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed
by and construed in accordance with the laws of The Islamic Republic of
Pakistan. You agree, as we do, to submit to the exclusive jurisdiction
of the courts in Karachi, Pakistan.
U. CONTACT US
You may reach us here
V. OUR SOFTWARE
Our software includes any
software (including any updates or upgrades to the software and any
related documentation) that we make available to you from time to time
for your use in connection with the Site (the "Software").
You
may use the software solely for purposes of enabling you to use and
enjoy our services as permitted by the Terms and Conditions and any
related applicable terms as available on the Site. You may not
incorporate any portion of the Software into your own programs or
compile any portion of it in combination with your own programs,
transfer it for use with another service, or sell, rent, lease, lend,
loan, distribute or sub-license the Software or otherwise assign any
rights to the Software in whole or in part. You may not use the Software
for any illegal purpose. We may cease providing you service and we may
terminate your right to use the Software at any time. Your rights to use
the Software will automatically terminate without notice from us if you
fail to comply with any of the Terms and Conditions listed here or
across the Site. Additional third party terms contained within the Site
or distributed as such that are specifically identified in related
documentation may apply and will govern the use of such software in the
event of a conflict with these Terms and Conditions. All software used
in any of our services is our property and/or our affiliates or its
software suppliers and protected by the laws of Pakistan including but
not limited to any other applicable copyright laws.
When
you use the Site, you may also be using the services of one or more
third parties, such as a wireless carrier or a mobile platform provider.
Your use of these third party services may be subject to separate
policies, terms of use, and fees of these third parties.
You
may not, and you will not encourage, assist or authorize any other
person to copy, modify, reverse engineer, decompile or disassemble, or
otherwise tamper with our software whether in whole or in part, or
create any derivative works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully
before placing an order for any products with the Sellers (“We” or “Our”
or “Us”, wherever applicable) on the Site. These conditions signify
your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to
the seller to buy the product or service displayed on our Site. When you
place an order to purchase a product, any confirmations or status
updates received prior to the dispatch of your order serves purely to
validate the order details provided and in no way implies the
confirmation of the order itself. The acceptance of your order is
considered confirmed when the product is dispatched to you. If your
order is dispatched in more than one package, you may receive separate
dispatch confirmations. Upon time of placing the order, we indicate an
approximate timeline that the processing of your order will take however
we cannot guarantee this timeline to be rigorously precise in every
instance as we are dependent on third party service providers to
preserve this commitment. We commit to you to make every reasonable
effort to ensure that the indicative timeline is met. All
commercial/contractual terms are offered by and agreed to between you
and the sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services
and after sales services related to products and services.
Waqarmart does
not have any control or does not determine or advise or in any way
involve itself in the offering or acceptance of such
commercial/contractual terms between the you and the Sellers. The seller
retains the right to cancel any order at its sole discretion prior to
dispatch. We will ensure that there is timely intimation to you of such
cancellation via an email or sms. Any prepayments made in case of such
cancellation(s), shall be refunded to you within the time frames
stipulated
here.
You
confirm that the product(s) or service(s) ordered by you are purchased
for your internal / personal consumption and not for commercial re-sale.
You authorize us to declare and provide declaration to any governmental
authority on your behalf stating the aforesaid purpose for your orders
on the Site. The Seller or the Site may cancel an order wherein the
quantities exceed the typical individual consumption. This applies both
to the number of products ordered within a single order and the placing
of several orders for the same product where the individual orders
comprise a quantity that exceeds the typical individual consumption.
What comprises a typical individual's consumption quantity limit shall
be based on various factors and at the sole discretion of the Seller or
ours and may vary from individual to individual.
You may cancel your order at no cost any time before the item is dispatched to you.
Please
note that we sell products only in quantities which correspond to the
typical needs of an average household. This applies both to the number
of products ordered within a single order and the placing of several
orders for the same product where the individual orders comprise a
quantity typical for a normal household.
C. RETURNS
Please review our Returns Policy for details.
Note: If your return has been
rejected, it will be sent back to you within 3-5 working days. If you
fail to receive the item within 3 attempts, it will be sent to scrap.
D. PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Rupees
and are inclusive of GST and are listed on the Site by the seller that
is selling the product or service. Items in your Shopping Cart will
always reflect the most recent price displayed on the item's product
detail page. Please note that this price may differ from the price shown
for the item when you first placed it in your cart. Placing an item in
your cart does not reserve the price shown at that time. It is also
possible that an item's price may decrease between the time you place it
in your basket and the time you purchase it.
We do not offer price matching for any items sold by any seller on our Site or other websites.
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 Site. 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 prepayment processed. If such a
cancellation occurs on your prepaid order, our policies for refund will
apply.
We
list availability information for products listed on the Site,
including on each product information page. Beyond what we say on that
page or otherwise on the Site, we cannot be more specific about
availability. Please note that dispatch estimates are just that. They
are not guaranteed dispatch times and should not be relied upon as such.
As we process your order, you will be informed by e-mail or sms if any
products you order turn out to be unavailable.
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 an inquiry will automatically cause the cancellation of
the order within a reasonable timeline. We reserve the right to proceed
to direct cancellation of an order for which we suspect a risk of
fraudulent use of banking instruments or other reasons without prior
notice or any subsequent legal liability.
Refund Voucher
- Refund voucher can be redeemed on our Website, as full or part payment of products from our Website within the given timeline.
- Refund voucher cannot be used from different account.
- Vouchers are not replaceable if expired.
Promotional Vouchers
- Each issued promotional
voucher (App voucher and New customer voucher) will be valid for use by a
customer only once. Multiple usages changing the identity is illegal.
- Promotional voucher is
non-refundable and cannot be exchanged for cash in part or full and is
valid for a single transaction only.
- Promotional voucher may not be valid during sale or in conjunction with any special promotion.
- Voucher will work only if minimum purchase amount and other conditions are met.
- Waqarmart reserves the right to vary or terminate the operation of any voucher at any time without notice.
- Waqarmart shall
not be liable to any customer or household for any financial loss
arising out of the refusal, cancellation or withdrawal of any voucher or
any failure or inability of a customer to use a voucher for any reason.
- Vouchers are not replaceable if expired.
Security and Fraud
- When you use a voucher, you warrant to Waqarmart that you are the duly authorized recipient of the voucher and that you are using it in good faith.
- If you redeem, attempt to
redeem or encourage the redemption of voucher to obtain discounts to
which you are not entitled you may be committing a civil or criminal
offence
- If we reasonably believe that
any voucher is being used unlawfully or illegally we may reject or
cancel any voucher/order and you agree that you will have no claim
against us in respect of any rejection or cancellation. Waqarmart reserves the right to take any further action it deems appropriate in such instances
E. RESELLING WAQARMART PRODUCTS
Reselling Waqarmart products
for business purpose is strictly prohibited. If any unauthorized
personnel is found committing the above act, legal action may be taken
against him/her.
F. TAXES
You shall be responsible for
payment of all fees/costs/charges associated with the purchase of
products from the Site and you agree to bear any and all applicable
taxes as per prevailing law.
G. COMMUNICATING WITH US
When you visit the Site, or send
e-mails to us, you are communicating with us electronically. You will be
required to provide a valid phone number while placing an order with
us. We may communicate with you by e-mail, SMS, phone call or by posting
notices on the website or by any other mode of communication we choose
to employ. For contractual purposes, you consent to receive
communications (including transactional, promotional and/or commercial
messages), from us with respect to your use of the website (and/or
placement of your order) and agree to treat all modes of communication
with the same importance.
H. LOSSES
We will not be responsible
for any business or personal losses (including but not limited to loss
of profits, revenue, contracts, anticipated savings, data, goodwill, or
wasted expenditure) or any other indirect or consequential loss that is
not reasonably foreseeable to both you and us when you commenced using
the website.
I. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to
make changes to the Site, its policies, these terms and conditions and
any other publicly displayed condition or service promise at any time.
You will be subject to the policies and terms and conditions in force at
the time you used the website unless any change to those policies or
these conditions is required to be made by law or government authority
(in which case it will apply to orders previously placed by you). If any
of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.
J. EVENTS BEYOND OUR CONTROL
We will not be held
responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause
which is beyond our reasonable control. This condition does not affect
your statutory rights.
K. WAIVER
You acknowledge and
recognize that we are a private commercial enterprise and reserve the
right to conduct business to achieve our objectives in a manner we deem
fit. You also acknowledge that if you breach the conditions stated on
our Site and we take no action, we are still entitled to use our rights
and remedies in any other situation where you breach these conditions.
L. GOVERNING LAW AND JURISDICTION
These terms and conditions
are governed by and construed in accordance with the laws of the Islamic
Republic of Pakistan. You agree, as we do, to submit to the exclusive
jurisdiction of the courts in Karachi.
M. REPRESENTATIONS AND WARRANTIES
We
do not make any representation or warranty as to specifics (such as
quality, value, saleability, etc) of the products or services listed to
be sold on the Site when products or services are sold by third parties.
We do not implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Site. We accept no liability
for any errors or omissions, whether on behalf of itself or third
parties.
We
are not responsible for any non-performance or breach of any contract
entered into between you and the sellers. We cannot and do not guarantee
your actions or those of the sellers as they conclude transactions on
the Site. We are not required to mediate or resolve any dispute or
disagreement arising from transactions occurring on our Site.
We
do not at any point of time during any transaction as entered into by
you with a third party on our Site, gain title to or have any rights or
claims over the products or services offered by a seller. Therefore, we
do not have any obligations or liabilities in respect of such
contract(s) entered into between you and the seller(s). We are not
responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of products which are out of stock,
unavailable or back ordered.
Pricing
on any product(s) or related information as reflected on the Site may
due to some technical issue, typographical error or other reason by
incorrect as published and as a result you accept that in such
conditions the seller or the Site may cancel your order without prior
notice or any liability arising as a result. Any prepayments made for
such orders will be refunded to you per our refund policy as stipulated
here.