Terms & Conditions

INTRODUCTION

Entrepreneurs Mart Online (EMO) Terms and Conditions (the ‘T&C’) apply to all access and use of our web based portal by www.emo.com.pk , the ‘Website’ by Buyers, Sellers and or Exchangers including but not limited to advertising, listing or promotion of any item, product or services for buying, selling and exchanging. These T&C are applicable to all our website users, who may visit, access, or use our platform from any computer or device via any internet services provider from any region from within Pakistan or abroad. By using the Website, you hereby accept and agree with these T&C (including the linked information herein) and represent that you agree to comply with these T&C. Whenever you access or use the Website these T&C will become effectively automatically as any EMO reserves the right to change, modify, add, or remove portions or complete T&C at any time without any prior notification to any user wether registered or unregistered. Any changes to the T&C will be considered effective once updated or posted to the Website ‘www.emo.com.pk’ no separate notice or marked up copy will be made available or posted for any revision of complete or of any portion of the original T&C to any existing or potential user of the Website. Your continued use of the Website following the posting of changes to T&C will mean your acceptance of any changes to the original T&C.

REGISTRATION

All Website users will be invited to create a login or password as a part of registration process with the Website. However, it is not binding to register. During the registration process you may be asked for personal information including but not limited such Name, Surname, Date of Birth, current and permanent address, Nationality, Residence, CNIC, Passport No, Credit Card info, etc. You will also be required to create a user name, password. You will be requested to keep all the information shared as confidential and not share your login and password details with anyone. EMO will not be responsible for any loss and will not entertain any claims resulting from leakage or sharing of login/password information by any individual to some other individual by any method whatsoever. At any given point in time at upon its sole discretion EMO my block, suspend or delete you account and account related information. EMO will not be responsible for any loss or liability of any kind to any individual or organization or any of its successors or assigns as result of the account suspension, hold and cancellation action. EMO will not be responsible and will have full indemnity from any losses or damages or any other consequences resulting from any unauthorized use of your account which may have resulted by your negligence or sharing of login information with other individuals. EMO will not be responsible for any consequences if the information provided above is incorrect, or not updated from time to time in parallel to any real time changes to your personal or any other information previously shared or updated on the Website with EMO or any other person. All users are advised to regularly change their password information for security purposes.

USE OF INTEGRATED PLATFORMS

EMO is only a platform which is facilitating its users to advertise, buy, sell or exchange any items which may be registered or displayed on the platform. EMO is facilitating the process of closing any transaction which maybe agreed between two or more individuals by for buying, selling, exchanging and delivery. Once you proceed to close/mature any activity with transactional nature as mentioned above (buy, sell or exchange) you agree to abide by the Terms and Conditions of use of any and all integrated platforms which may be utilized by you during the transaction process.

SITE UPTIME

EMO strives to keep its website available at all times however, EMO will not responsible for any loss of any kind including but not limited to financial, reputational etc due to a sudden or planned Website downtime or unavailability due to any technical, legal or any other non-technical reasons.

ACCESS

Any person who has the legal right to do so can access the Website. However, individuals under the age of 18 should access the Website under the supervision of a parent, guardian or any other legal care taker.

COPY RIGHT

This Website is governed under the Copy Right Laws of Pakistan

RESPONSIBILITY FOR ILLEGAL ACTIVITY OR SHARING OF MALAFIDE CONTENT

Anyone with access to or using this Website must conduct all activities on the Website in compliance to Laws of Pakistan and international laws for use or access of online content or use of websites. Users are not permitted to interrupt or interfere in any activity of the Website. A user will be fully responsible for any consequential damage, law suit, losses in case of any harm or damage or disturbance to normal operations of the Website or to any activity by any other user has been caused by you or any actions initiated by you. You will also be responsible for any harm or damage of personal, financial or reputational nature caused to EMO or any of its employees, partners, clients, registered users, unregistered users or any Stake Holders, which is caused as a result of your actions. You will not use the Website for conducting any illegal activity, illegal financial transaction, money laundering, sponsoring terrorism, encouraging or inciting people through any content, encourage violence, cause anxiety, or inconvenience to other users or general public at large. Any content, comment or any other info posted to the Website will be considered to be the property of the Website and EMO will have the legal right to use such content for any of its business purposes or for benefit of general public. You are prohibited to upload, receive, encourage or make remarks or offer services, products or items which either is, relate to or in some way falls under pornography You are prohibited to upload, receive, encourage or make remarks or offer services, products or items which either is, relate to or in some way falls under political or religious content which may hurt feelings of other communities, minorities, encourage political or religious disorder etc

CLAIMS AGAINST OBJECTIONABLE CONTENT

We respect the intellectual property of others. If you think that your intellectual property rights have been used in a way that gives rise to concerns of breach, please write to us at legal@emo.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please make sure that you give 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 action. Furthermore, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings. We 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 implementation of these agreements is a matter between the manufacturer, distributor and/or respective reseller, it will be inappropriate for us to help in the enforcement of such activities. Though we cannot provide legal advice and cannot 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.

TRADEMARKS AND COPYRIGHTS

EMO, emo.com.pk and other marks indicated on our Website 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 is not ours or in any manner that is likely to cause confusion among customers, or in any manner that belittles or discredits us. All other trademarks that appear on this Website are the property of their respective owners, who may or may not be affiliated with or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website 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, fundamental source code and software shall remain our property. The entire contents of the Website are protected by copyright under Pakistani copyright laws and international conventions. All rights are reserved.

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Website and conducting transactions at your own risk and are using your best and sensible judgment before entering into any transactions through the Website. 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 or people exchanging the products and hereby expressly disclaim any and all responsibility and liability in that regard. We are not liable to mediate or resolve any dispute between you and the sellers or manufacturers of the products or people exchanging the products.

Furthermore, we explicitly 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 Website. Though we have been cautious to avoid inaccuracies in content, this Website, 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 Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with us nor shall EMO have any obligations or liabilities in respect of any transactions on the Website.

We are not liable or responsible for any actions or inactions of any other service provider as listed on our Website which includes but is not limited to payment providers, instalment offerings, warranty services amongst others.

INDEMNITY

You shall indemnify and hold harmless EMO/www.emo.com.pk its owners, 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 shall indemnify and hold harmless EMO/www.emo.com.pk its owners, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waive any claims or demands that you may have in this behalf under any law, contract or otherwise.

THIRD PARTY BUSINESSES

Some individuals may provide links to the websites or face book address for their individual business services and products or they may offer services and products in affiliation with other companies and businesses. EMO will not verify and will not be responsible for examining or evaluating and does not warrant 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 thirdparties. You can verify 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 must properly review their privacy statements and related terms and conditions.

COMMUNICATING WITH US

When you visit the Website, 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 contact you by e-mail, SMS, call or by placing notices on the Website or by any other mean of communication we choose. For contractual purposes, you agree 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 means of communication with the same importance.

LOSSES

We shall 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 resultant loss that is not reasonably predictable to both you and us when you start using the Website.

AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Website, 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.

EVENTS BEYOND OUR CONTROL

We will not be liable 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.

WAIVER

You acknowledge and recognize that we are a private commercial enterprise and hold the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you violate the conditions stated on our Website and we take no action, we are still entitled to use our rights and remedies in any other situation where you violate these conditions.

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 your access to the website will be blocked, in addition to any other legal or equitable remedies, we will immediately block your passwords and account identifications to prevent you from accessing the website 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 also agree that the website is not liable to you or any other party upon termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using the Website.

GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of The People's Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Pakistan

CONTACT US

You may reach us cs@emo.com.pk.

OUR SOFTWARE

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 Website (the "Software").

You can use the software to enjoy our services under the jurisdiction of Terms and Conditions and any related applicable terms as available on the Website. You cannot include 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 stop 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 Website. 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.

Upon using the website, 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 such 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.

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 Website. These conditions signify your agreement to be bound by these conditions.

CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of products or services on the Website.

THE CONTRACT

Your confirmation to sell, buy or exchange a product, item or service as displayed on our Website is a legal agreement. Upon finalization of the transaction on the website in terms of placement of an order to purchase, or agreement to sell or exchange you are legally bound to complete the transaction as per terms and conditions agreed by you on the website and solely responsible to meet the product, item or services characteristics as mentioned by you in the product, item or services definition or displayed in pictures supporting your product, item or service. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. At time of order placement, we give you an approximate time of the processing or order, however we cannot guarantee the timeline in any way as we are dependent on third party service provided for logistics. 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, buyers or exchangers alone. The commercial/contractual terms include but not limited to payment terms, date, period and mode of delivery, price, shipping costs, payment methods, warranties related to products, items or services. EMO has no control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Buyers, Sellers or Exchangers. Any transaction once concluded cannot be cancelled. There will be no refund or return of products, or items to the original seller. You agree 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 Website. The Seller or the Website may cancel an order wherein the quantities exceed the typical individual consumption.

PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in PKR and are inclusive of GST and are listed on the Website by the seller that is selling the product, item or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Placing an item in your cart does not reserve the price shown at that time but only shows the most recent price. We reserve the right to refuse or cancel any transaction or order or exchange at our sole discretion without giving any reason or without providing any prior information. If something is mispriced, or misrepresented we may, at our own discretion, either contact you for correction of such anamoly or ask you for removal of such information or ourselves take action to remove such information from our Website, without any prior information or notice to you.

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.

G. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Website and you agree to bear any and all applicable taxes as per prevailing law.

F. REPRESENTATIONS AND WARRANTIES

We don’t provide any warranty (such as quality, value, saleability, etc) of the products or services listed to be sold on the Website. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. 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 violation of any contract entered between individuals on our Website. We cannot and do not guarantee your actions or those of any other individual to conclude transactions on the Website. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Website.

We do not at any point of time during any transaction as entered into by you with a third party on our Website, gain title to or have any rights or claims over the products or services offered by any individual. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered between individuals on our Website. We are not liable for unsatisfactory or delayed performance of services or damages or delays for any items, products or services obtained through our Website.