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Term and Condition
Term and Condition
When using maxmart.pk ('Site'), you agree to the Site's policies on protection, returns, and refund
of these terms and conditions. Please carefully read the Terms and Conditions before using mart
1. Introduction
Welcome to Maxmart. We are an online marketplace and these are the terms and conditions for your ac
cess to and use of Maxmart and its related subdomains, websites,mobile apps, services. By accessing the
Web, you hereby agree to these terms and conditions (including the details contained and convey that y
ou intend to abide by these terms and conditions (the "User Agreement").This User Agreement shall be
deemed to have effect upon your use of the Site, which means your acceptance of these terms.
Please do not connect, register with, or use this Site if you do not agree to be bound by this User Agree
ment.
The Site reserves the right at any time to alter, change, add or Delete sections of these Terms and Condi
tions without prior notice. Improvements will Be enforced with no other warning given when posted on
the Website. Check these Terms and Conditions for updates periodicallyThe continued usage of the Web
site after amendments to the Terms and Conditions of Use have been made constitutes the approval of t
hose changes..
2. Conditions of Use
To access certain services that the platform provides, we can require you to create an account wit
h us, or provide personal information to complete account creation.We may invalidate the userna
me and/or password at any time in our sole and absolute discretion without providing any purp or
prior notice and shall not be liable or liable for any damages suffered, caused, arising out of, in c
onnection with or on account of any request or invalidation;
You are responsible for keeping your user name, password, account details and related private in
formation as confidential. You agree to accept this obligation and ensure that your account and it
s related information are kept safe at all times and that all appropriate measures are taken to prev
ent misuse of your accountIf you have any reason to suspect your password has become availabl
e to someone else, or if the password is being, or is likely to be, used in an unauthorized manner,
you can contact us immediately. You understand and accept that any use of the Website and relat
ed services provided and/or any access to private information, data or communications using you
r account and password shall be regarded as e If you have any reason to suspect your password
has become available to someone else, or if the password is being, or is likely to be, used in an
unauthorized manner, you can contact us
immediately. You understand and acknowledge that any use of the Website and its related servic
es and/or any access to private information, data or communication using your account and pass
word shall be considered asYou further accept and consent to be bound by and accept to indemni
fy us in full against any and all damages resulting from the use or access to the Site from your Ac
count
Please ensure the information you provide to us are both accurate and complete. Your account
online you are obligated to change your account information in real time. If you are unable to up
date details by accessing your account on the Web, you must contact us through our communicat
ion channels for customer support to assist you with these changes.Please ensure that the informa
tion that you send us is both correct and complete. You are obligated to update your account info
rmation in real time by accessing your account online. If you are unable to update information by
accessing your account on the Internet, you will need to contact us for customer service through
our communication channels to help you with these changes.You hereby agree to change your pa
ssword from time to time and to keep your account secure, and you are also responsible for your
account's confidentiality and for any disclosure or use of the username and/or password (whether
allowed or not).
3. Privacy
Please check our Privacy Agreement, which also governs your Site access. The personal data / da
ta you send to us or your use of the Website shall be regarded as strictly confidential in complian
ce with the Privacy Agreement and relevant laws and regulationsUnless you object to the transfer
or use of your details in the manner laid down in the Privacy Agreement, please do not use the W
eb.
This Site or any part thereof (including, but not limited to, copyrighted content, trademarks or ot
her proprietary information) may not be reproduced, duplicated, copied, sold, resold, viewed, dist
ributed or otherwise used for any commercial purpose without our express written consent as
may be applicable.
Without our express written permission you can not frame or use framing techniques to include a
trademark, logo, or other proprietary material (including images, text, page layout, or form). You
“may not use any meta tags or other text using our name or mark, as applicable, without our expr
ess written consent.Every unauthorized use shall terminate with no prior warning the permission
or license we give you to access the Website. You can not use our logo or other patented graphic
or trademark for commercial or other purposes as part of an external connection without our expr
ess written permission, as may be appropriate.
You agree and undertake not to carry out restricted activities listed in this section; undertaking th
ese activities will result in your account, services, reviews, orders or any existing incomplete tran
saction with us being cancelled immediately and, in severe cases, may also result in legal action
Refusal to comply at all times with the Terms and Conditions listed herein or with any
Other rules and policies relating to the use of the Site as available on the Web.
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.
6. Your Conduct
You must not use the Website in any manner that causes, or is likely to cause, interruption,
damage or impairment of the Site or access to it in any way. You must not participate in activities that
may harm or potentially harm the Site, its staff, officials, delegates, stakeholders
or any other party directly or indirectly linked to the Site or that may disrupt, damage or access the SiteY
ou agree that you and not us are responsible for all electronic correspondence and information sent to u
s from your computer, and that you only have to use the Website for legitimate purposes. Usage of the I
nternet is strictly prohibited for purposes of theft, or in connection With a criminal crime or other illegal
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, libelous, obscene,
pornographic, pedophilic 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
7. Your Submission
Everything you send to the Website and/or offer to us, including but not limited to, queries, feed
back, opinions, and suggestions (collectively, "Proposals") will become our sole and exclusive
property and will not be returned to you. In addition to the rights applicable to any Submission,
you also grant us the rightto use your name when posting comments or reviews to the WebYou
must not use a fake email address, claim to be anyone other than yourself or deceive us or third p
artiess about the sources of any Submissions. We may, but shall not, remove or edit any
Submissions without notice or legal course of action applicable to us in this respect
Please ensure that your name, address, contact information and as many relevant claim details,
Including name of objectionable content party, objection instances, proof of objection among
Others are provided. Please notice that if you include insufficient information your argument will
become null and unusable for legal purposes
We value someone else’s intellectual property. When you think your intellectual property rights
have been used in a way that raises questions about the violation,. Please ensure that your name,
address, contact information and as many relevant details of the claim, including the name of the
infringer, infringement cases, proof of infringement, among others, are provided.Please notice
that if you have insufficient information your claim will become null and unusable for legal
purposes. Additionally, the provision of false or misleading information may be considered a leg
al offense, and legal proceedings may follow.
They therefore value the right of a producer to enter into exclusive contracts for delivery or
resale of its goods. Violations of these arrangements do not therefore constitute an infringement
of intellectual property rightsBecause implementing such agreements is a problem between the s
upplier, distributor and/or reseller; it would not be acceptable for us to assist in implementing
these activities. Although we are unable to offer legal advice or exchange private information as
covered by law, we recommend that any questions or concerns concerning your rights should be
directed to a lawyer.
All intellectual property rights, whether licensed or not, on the Web, information content on the
Web and all design of the Site, including, but not limited to, text , graphics, software, images ,
video, music, sound and their collection and arrangement, and all compilations of software,
underlying source code and software, shall remain our propertyUnder Pakistani copyright laws
and international treaties, the entire content of the Website is also protected by copyright as a
collective work. All Rights Reserved
11. Disclaimer
You agree and promise to access and transact at your own risk to the facilities on the Internet,
and touse your best and responsible judgment before entering into any transactions through the
Web.We shall not be responsible or responsible for any acts or inactions by the sellers or for any
violation of Terms, representations or warranties by the sellers or manufacturers of the goods and
hereby expressly disclaim all responsibility and liability in this regard. No conflict or disagreeme
nt between you and thesellers or producers of the goods shall be mediated or resolved
We further expressly disclaim any warranties or representations (express or implied) with respect
to the consistency, suitability, accuracy , reliability, completeness, timeliness, performance,
health, merchantability, fitness for a particular purpose, or legality of the products listed or
displayed or transacted or of the content (including product or pricing details and/or
specifications) on the Web.Although we have taken steps to prevent web inaccuracies, this Webs
ite contains all web, information (including product prices), applications, goods, services and
related graphics as is, without warranty of any type. We do not indirectly or explicitly endorse or
promote the selling or purchase of any items on the Internet.No right, title or interest in the good
sold or shown on the Site shall be kept with us at any time, nor shall Maxmart be held
responsible for any transaction on the Site
We shall not be responsible or responsible for the acts or inactions of any other service Provider
listed on our Website, including, but not limited to, payment providers, installment packages and
insurance services.
12. Indemnity
You shall indemnify and hold harmless Maxmart, as the property of Maxmart Private Limited,
its subsidiaries, associates and their respective owners, directors, agents and employees, from
any claims or demands or acts, including fair attorney's fees, levied by any third party or penalty
resulting from your violation of these Terms and Conditions or any document incorporated by
reference.
Its officers and representatives shall preclude all claims or demands you may have under that
name under any law, contract or otherwise from any expense, harm, liability or other effect of
any of the actions / inactions of the sellers or other service provide
14. Losses
We shall not be liable for any company or personal losses (including, but not limited to, loss of i
ncome, sales, contracts, expected savings, data, goodwill or wasted expenditure) or any other ind
irect or consequential loss not fairly foreseeable for both you and us when you commence using
the Web.
17. 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.
18. 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.
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.
20. Contact Us
maxmart2k18@gmail.com
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.
Please read these conditions carefully before placing an order for any products with the Sellers
on the Site. These conditions signify your agreement to be bound by these conditions.
This section deals with conditions relating to the sale of products or services on the Site
24. 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. Maxmart 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
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.
25. Returns Policy
If your product is defective / damaged or incorrect/incomplete at the time of delivery, please contact
us within the applicable return window. Your product may be eligible for refund depending on the
product category and condition
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.
Reselling Maxmart products for business purpose is strictly prohibited. If any unauthorized
personnel are found committing the above act, legal action may be taken against him/her.
28. 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.
Shipment
What is the package dimension?
First, let's define the difference between "package dimension" vs "product dimension".
Package Dimension - This refers to the size of the box, pouch, or parcel that your item will be
shipped in. This 3-part measurement, length x width x height, informs maxmart of the package
size so that we can bill for shipping, accordingly.
Product Dimension - Separate from the package dimension is the measurement of the item
itself. It gives the customer a better idea of the size of the object and helps them determine if
they can accommodate it in the way they intend to use it. This information can be placed in the
short description part or you can place info graphics if you want to be more detailed with your
item's dimensions.
Commission
What is maxmart Commission?
Maxmart deducts a 5 % of commission from the payment of your orders. Each product commission
depends on the type of category it falls under.
COMMISSION
These Commissions are deducted by Maxmart when making a payout to the Seller defined under
Payments.
Maxmart reserves the right to adjust the percentage Commission defined in the Commission schedule,
providing suitable notice of 14 days in advance to the Seller before enactment.
Benefits
Is it worth it to sell on Maxmart?
Maxmart seller account gives you access to lots of customers for your products at minimum
commission rates. In addition Maxmart helps your business by assisting with fast and reliable
shipping, professional services & secure and timely payment.
Online orders increased the more flexible you are online, the more channels you can occupy
social media will cover the main areas your customers inhabit. Thus, you’ll be able to reach
them anytime anywhere.
Full Control
Website creates the perfect environment for nourishing the connection between you and your
customers. Whether it’s a contact form, e-mail, or phone, it’s essential for your business to make
sure your customers can reach you anytime
Brand Building
You can provide to your users. It can come in different. By adding some more quality to your
identity, you’ll be able to become irreplaceable to your customers.
Payments
Maxmart shall receive and process all payments for Products purchased on the Platform on behalf of the
Seller. Maxmart shall make payment of the amount of the Listed Price 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
amounts due if applicable, subject to its right of set-off under this agreement.
The payments will be made to the Seller on a bi-monthly basis to the Bank Account, provided that
payment related to any Product shall be initiated not less than 15 days after the Product has been
successfully delivered to the Customer.
Maxmart will ensure payment statements are available on the Seller Center with all relevant payment
information.
All payments will be made in Pakistan Rupees. In case the Seller wishes to change the information for
the Bank Account, it may do so by updating its Bank Account information through the dashoard .
Payments will be made via online transfer to the Bank Account specified by the Seller in the Seller
Center.
. The Seller agrees that Maxmart shall not be liable for any failure to make payments arising due to
incomplete or inaccurate information provided by the Seller with regards to its Bank Account
In case a payment has been issued by Maxmart to the Seller for a delivered item that is later returned
to Maxmart by the customer, Maxmart will deduct equivalent amount in the next cycle and return the
product to the Seller
Maxmart shall be entitled to deduct or withhold from payments to be made to the Seller under this
agreement 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 Seller 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 Customers. It is clarified that the Seller shall be solely responsible for the payment
of any sales tax on the supply of these Products to the Customer through the Platform and Maxmart
shall have no liability in this regard.