Term and Conditions
Effective Date: May 2023
Please read these Terms & Conditions (Agreement) carefully before using the Platform (Gharhatti). By using our platform, the user will be restricted by the policies we make to use our platform. We opt to change our terms and conditions time to time, your continuity to use our website will accept these changes.
Introduction
The Platform is operated by the Company “GHARHATTI TECHNOLOGIES (PRIVATE) LIMITED”, under the brand name “Gharhatti” (herein after referred “Platform”). The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this User’s Terms and Conditions and all the documents referred to hereunder periodically.
The Terms & Conditions is applicable to any person when they use the Platform or utilize the Services, such persons are referred to as users, which include without limitation users who are Suppliers, Resellers and End Customers.
The Terms & Conditions between User and Platform is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Terms & Conditions are updated, creating a legally binding arrangement between the User and the Platform.
If the User does not agree with the Terms & Conditions, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Terms & Conditions and agrees to abide by the same (as updated from time to time)
Scope of the Platform
The Platform is a Website / Webportal, Mobile application and / or any other channel, which enables the user to start business with no investment, by visiting our Platform and/ or listing Products for sale and/ or resell the Products, You engage in our “Service” and agree to be restricted by the following Terms & Conditions, including those additional terms and conditions and policies. These Terms and Conditions apply to all Users of the Platform, including without limitation users who are, suppliers, reseller, end customers, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”).
Customer Support
We may collect Personal Information through your communications with our customer-support team.
Copyright and Trademark
Each time you upload or download the content, you grant the Platform a worldwide non-exclusive, transferable, royalty free rights to use any such content including by way of distribution, storage, hosting, sub-right, reproduction, communication, creation of derivative works, and modification of such content. You accept that such rights will not terminate upon your deletion or removal of the content or other uploaded content in respect of which it is granted; and shall continue to be used by the Platform, on the Platform.
You Agree and confirm that
● Your use of this platform does not confer on you or any other party, any licence or other rights under the intellectual property or other proprietary rights of the Platform, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
● The Platform shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.
Account Registration and Account Termination
The Platform does not allow Users to take advantage of the Services on the Platform without prior registration. Users can access the Application by creating an account to get registered. Registeration is limited to the purpose of buying or selling products, is subject to this Terms & Conditions and is strictly non-transferable.
Platform reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
1- Any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
2- In Platform’s assessment, the User has:
● charged an unreasonably high price;
● unreasonable instances of returns and/or cancellations initiated;
● engaged in actions that are fraudulent, negligent or derogatory to the Platform’s interests.
● failed or is suspected to have failed to comply with any term or provision of the Terms & Conditions or applicable law.
Information Use
We use Personal Information to:
● Facilitate and improve the Service and our services.
● Communicate with you.
● We may use aggregate information for marketing and promotional purposes.
Internal and Service-Related Usage. We will use information, including personal information, for internal, administrative, and service-related purposes. We may use and retain any data we collect to provide and improve our services. For example, we use Personal Information submitted by user.
Communications. We use a user’s name, mailing address, e-mail address and telephone number for the following limited purposes:
● Sending emails for informational and operational purposes, such as account management or system maintenance.
● Monitoring and ensuring customer satisfaction, including troubleshooting problems and resolving disputes.
● Keeping you informed of new products and promotions Aggregate Data. We may anonymize and aggregate data collected through the service and use it for any purpose. For example, we may aggregate usage and transaction information to provide product recommendations to website and app users.
Payments
● Platform shall receive and process all payments for Products purchased/sell on the Platform on behalf of the Supplier and Reseller. Platform shall make payment of the amount of the Listed Price by the Supplier for the Product(s) received from a Customer, less its commission for the sale of the Product(s), less any service Fees/Penalties or any other Tax / duties / levies as per applicable law in Pakistan and changed time to time if applicable and Platform shall make the payment of the amount of margin earned by the Reseller, subject to its right of set-off under this Terms & Conditions.
● The payments will be made to the Supplier and Reseller to the Bank Account as per payments settlement policy.
● Platform will ensure payment statements are available on the Portal with all relevant payment information.
● The Supplier and Reseller agrees that Platform shall not be liable for any failure to make payments arising due to incomplete or inaccurate information provided by the Supplier or Reseller with regards to its Bank Account.
● In case a payment has been issued by Platform to the Supplier and Reseller for a delivered item that is later returned to Platform by the customer, Platform will deduct an equivalent amount in the next cycle and return the product to the Supplier.
● Platform shall be entitled to deduct or withhold from payments to be made to the Supplier and Reseller under this Terms & Conditions any duties, taxes or other amounts required to be deducted or withheld under any federal, provincial or local law and to remit the same to the taxing authority of any jurisdiction relevant to the transaction.
● The Supplier shall be responsible for payment of all customs duties, sales tax, excise tax, value-added tax and any other duties, excess, fees or charges of whatsoever nature which may be imposed by governing authorities of any jurisdiction applicable in connection with sale or supply of its Products on the Platform and their purchase by Reseller or End Customers. It is clarified that the Supplier shall be solely responsible for the payment of any sales tax on the supply of these Products to the Customer through the Platform and Platform shall have no liability in this regard.
● In case the Supplier raises a dispute about the condition of a returned Product (e.g. Product is damaged), Platform will not be responsible for any kind of damage but platform will raise a dispute on behalf of supplier to 3PL. 3PL will reimburse the supplier.
● Platform may also hold the Product temporarily in order to claim insurance or settlement with a 3PL. This does not mean ownership of Product transfers to Platform.
● Any sums due to the Supplier and Reseller hereunder may be applied by Platform as a set off against any sums owed by the Supplier and reseller to Platform, or against any claims of third parties against Platform arising from the Supplier and Reseller’s’ performance, whether under this Terms & Conditions, any Contract or other document.
Warranties
The Supplier warrants to Platform that all its Products sold on the Platform, whether manufactured, imported or otherwise produced or provided by the Supplier or others, will:
● Strictly conform to the specifications, drawings, samples, performance criteria, and other descriptions referred to or provided on the Platform;
● Be of merchantable quality; and
● Have all relevant regulatory permits and rights, and conform to all applicable laws, ordinances, codes and regulations.
The Supplier furthermore warrants and represents to Platform that:
● It is competent to enter into this Terms & Conditions and any Contract and its entry into this Terms & Conditions and any Contract and the performance thereof have been duly authorized by all necessary corporate action and constitutes a valid and binding Terms & Conditions of the Supplier, enforceable against the Supplier in accordance with the terms thereof.
● The Products and their packaging will comply with all applicable marking and labeling requirements and the Supplier shall not be entitled to use any label or branding on the Product.
● None of the Products have been or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor.
● It and its subcontractors, agents and suppliers involved in producing or delivering the Products will strictly adhere to all applicable laws of Pakistan and other countries where the Products are produced or delivered, regarding the operation of their facilities and their business and labour practices, including without limitation working conditions, wages, hours and minimum ages of workers.
● All customs duties, excises tax and any other tax on the import, manufacture or production of the Products have been duly paid.
● It is legally entitled and permitted to sell the Products that it is listing.
● The Products are not dangerous and do not contain any hazardous substance, contraband, explosives, or any kind of prohibited material as per law.
● It will package and ship all Products in accordance with all applicable laws and the Supplier shall be solely responsible for any violation of law and will indemnify Platform against the consequences of any such violation.
● All information, including but not limited to all information furnished to Platform with regards to the Products is accurate and up-to-date.
● It shall not host, display, upload, modify, publish, transmit, update or share any information which infringes any patent, trademark, copyright, proprietary rights, third party’s trade secrets, rights of publicity, or privacy, is fraudulent or involves the sale of counterfeit or stolen items.
● All formal consents, waivers, approvals, authorizations, registrations, rights or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the Supplier in connection with the entry into this Terms & Conditions or any Contract and the performance of the same, have been duly obtained.
● In its performance under this Terms & Conditions and any Contracts entered into with Customers, the Supplier shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this Terms & Conditions may be performed. Upon Platform’ written request, the Supplier shall provide any written certification of compliance required by any federal, state, or local law, ordinance, code, or regulation.
● If necessary, the Supplier shall be obliged to procure all formal consents, waivers, approvals, authorizations, exemptions, registrations and/or rights necessary for Platform to feature the Products on the Platform, at its own cost.
● Platform may at any point require the Supplier to provide any financial, business or personal information for any purpose whatsoever, and the Supplier shall provide the same to Platform within seven (7) Business Days of such request being made.
Cancellation and Return Policy
The reseller and his end customers have the option to cancel the order only in the event that he has placed the order and the supplier has not yet confirmed the order. The supplier has 48 hours to process the order.
In addition, when the product is delivered to the customer, the customer has the option to arrange a return within 7 days of product delivery. The return will be made as long as it is unworn, unwashed, stain-free, undamaged, and with all original tags and packaging intact.
Once the return has been scheduled by the reseller and its end customer, we will have the collection carried out by the logistics partner.
Refund Policy
Once the cancellation is done by the reseller and their end customer, we initiate the refund as per as refund policy.
Exclusion of Liability
The Supplier and Reseller assumes full legal and moral responsibility for all products referenced and sold or Purchase on the platform. Platform assumes no responsibility or liability for the products shown in the catalogue or for the actual goods or services provided to you;
Supplier is solely responsible for obtaining all rights, permits, passes, etc. required by applicable law for each of the Products listed or sold through the platform. Responsibility rests solely with you and the supplier to ensure that the products offered for sale or sold and purchased are authorized for advertising, offering for sale, sale and purchase under applicable laws;
It is the supplier’s responsibility not to list or sell anything that is not permitted by applicable law and other users’ responsibility is not to purchase anything that is not permitted by applicable law. We have the right, but not the obligation, to remove any item offered for sale from the Platform.
Intellectual Property
● The Supplier warrants, represents and covenants that its import, manufacture, production, sale, distribution and use of the Products do not infringe directly or indirectly any Intellectual Property. The Supplier warrants, represents and covenants that featuring of the Products on the Platform does not, directly or indirectly, infringe any Intellectual Property.
● The User undertakes and represents to Platform that it has all rights and ownership or is a rights user of all Intellectual Property in relation to the Products and the supply of the Products which shall not be infringed due to marketing, promoting and featuring the Products on the Platform. Platform acknowledges that it will not acquire any rights in respect of the Intellectual Property in relation to the Products.
● The User represents and warrants to Platform that it is not aware of any claims made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the manufacture, sale, distribution or use of the Products.
● User agree to release, defend, protect, indemnify and hold their affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, users, successors, and assigns, harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis), expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, or use of the product.
Confidentiality
● All User’s information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed or disclosed in any form or manner to the User by Platform, or produced or created by the User for Platform hereunder are the intellectual property of, and confidential to Platform and User and shall be used solely by the User for purposes of this Terms & Conditions. All such information shall be treated and protected by the User as strictly confidential, and shall not be disclosed to any third party without the prior written consent of Platform, and shall be disclosed within the User’s organization only on a need-to-know basis.
● User may require their respective employees and other personnel involved in the performance of this Terms & Conditions to execute an individual confidentiality Terms & Conditions prior to any disclosure. Any non-disclosure Terms & Conditions heretofore executed by the Supplier in connection with the sale of its Products under this Terms & Conditions is hereby expressly incorporated within the Contract.
● Platform and user shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this Terms & Conditions or make any reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web site references, photographs, articles, press releases or interviews, speeches or programs) without obtaining prior written consent.
Indemnification
The User agrees to release, defend, indemnify and hold harmless Platform, including its affiliates, and any director, officer, employee, contractor, or agent, against any costs (including attorney fees and court costs on an indemnity basis), fines, penalties, damages, and liabilities, arising from, alleged to arise from, or in any way associated with:
● Any defect in Products sold to any Customer;
● Any claim made by any Reseller based on any Contract;
● Any defect in the packaging or shipping of a Product by the Supplier;
● Any negligence or fault of whatever nature of the User or its affiliates, and any director, officer, employee, contractor, or agent; or
● Any breach in any warranty or representation made herein.
Force Majeure
Platform shall not be liable to the User or be deemed to be in breach of this Terms & Conditions by reason of any delay in performing or any failure to perform any of Platform obligations if the delay or failure was due to any cause beyond Platform reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Platform reasonable control:
● Act of God, explosion, flood, tempest, fire or accident war or threat of war, sabotage, insurrection, civil disturbance or requisition;
● Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
● Import or export regulations or embargoes;
● Interruption of traffic, strikes lock-outs or other industrial actions or trade disputes (whether involving employees of Platform or of a third party);
● Interruption of production or operation, difficulties in obtaining raw materials labour, fuel, parts or machinery;
● Power failure or breakdown in machinery.
Platform may, at its option, fully or partially suspend delivery/performance while such circumstances continue and Platform shall not be liable for any loss or damage suffered by the Supplier as a result of such suspension, including but not limited to from the Supplier’s failure to fulfil any Contract with a Reseller.
Miscellaneous
This Terms & Conditions is governed by the laws of Pakistan. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Terms & Conditions or the Platform shall be subject to the jurisdiction of the courts at Lahore.
● Platform shall have the right to assign its obligations and duties in this Terms & Conditions to any person or entity.
● The failure of Platform to exercise or enforce any right or provision of this Terms & Conditions shall not constitute a waiver of such right or provision.
● Platform is controlled and operated from Lahore and Platform makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside Pakistan is entirely at User’s sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Platform from any liability or loss in this respect.
● Platform reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Platform is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.
Disclaimer
We reserve the right to change/modify/amend these Terms & Conditions and reserve the right to modify the fees and/or payment structure. The revised terms & conditions shall be updated on Platform. You should make sure to view these Terms & Conditions periodically to make sure you are familiar with the changes.