Term Conditions Page

TERMS AND CONDITIONS

1.            Introduction

The terms and conditions (“Terms and Conditions”) herein below govern the use of the website https://www.zaraee.com (the “Website”) and a mobile application “Zaraee.com App” or “Zaraee App” (the “App”). (The Website and the App shall collectively be referred to as “Platform”.)

The Platform is an online marketplace and is owned and operated by Zaraee.com (Private) Limited, a company duly incorporated under the laws of Pakistan (hereinafter referred to as “Zaraee”).

These Terms and Conditions, read together with the privacy policy of Zaraee, govern your usage of and access to the Platform or any part thereof. Please read these Terms and Conditions carefully before accessing or using the Platform. By accessing and using the Platform or any part thereof, it is implied that you have read, understood and accepted the Terms and Conditions and that you will abide by the same. If you disagree with any part of the Terms and Conditions or do not agree to be bound by the same, please do not access, register with or use the Platform or any part thereof.

Zaraee reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms and Conditions or any other terms appearing on the Platform at any time without any prior written notice. It will be your responsibility to review the Terms and Conditions periodically for any updates/changes. Your continued access or use of the Platform, or any part thereof, following the revision/modification/amendment of the Terms and Conditions constitutes as your acceptance of such revisions/modifications/amendments.

These Terms and Conditions form a legally binding agreement between Zaraee and you, therefore, you are reminded to read the same carefully.

2.            Eligibility

You declare and affirm, unequivocally, that you are either a natural person who has attained the age of eighteen (18) years or a legal person and allowed to enter into a contract in Pakistan.

Zaraee may terminate your membership, delete your profile and any content or information posted online by you on the Platform or prohibit you from using or accessing the Platform at any time in its sole discretion, with or without notice, if it believes that you are a minor (under eighteen (18) years of age). 

3.            Your Account

To use the Platform or any part thereof, you are required to create and maintain an account thereon. You will be required to furnish certain information and details including your name, email ID, contact number and any other information deemed necessary by Zaraee for the creation of an account.

You agree that you are responsible for maintaining the confidentiality and security of your user identification, password, account details and related private information. You further agree to change your password from time to time and that you shall ensure that your account and its related details are maintained securely at all times and all necessary steps are taken to prevent the misuse of your account. You should inform Zaraee immediately if you have any reason to believe that your username and/or password has become known to anyone else, or if the username and/or password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide to Zaraee 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 that you are not able to update by accessing your account on the Platform, you must inform Zaraee’s customer service communication channels to assist you with such changes.

Upon gaining knowledge of having any reasonable suspicion that the information provided by you is wrong, inaccurate or incorrect, Zaraee shall (i) immediately terminate your account without any notice to you in this regard, (ii) retain the information as became available from your access through computer, mobile etc., and (iii) take such action as it may deem fit.

Zararee reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without prior notice to you. Zaraee may also, at any time and in its sole 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 agree and acknowledge that any use of the Platform 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 to the Platform and/or use of any services offered by the Platform (whether such access or use is authorized by you or not). You agree that Zaraee shall be entitled, in its sole discretion, 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 to fully indemnify Zaraee against any and all losses arising from the use of or access to the Platform through your account.

4.            Privacy

Zaraee collects certain information from you in order to provide you the required services. The personal information/data provided to Zaraee by you or your use of the Platform will be treated as strictly confidential in accordance with the Privacy Policy and the applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Platform or any part thereof.

5.            Nature of the Transactions on the Platform

You understand, acknowledge and agree that the Platform is an online forum which enables you to purchase the products listed thereon at the indicated/specified price at any time from any location using a payment method of your choice. You further agree and acknowledge that Zaraee only acts as a facilitator and cannot be a party to or control in any manner whatsoever any transactions on the Platform or on a payment gateway as made available to you by an independent service provider. Consequently, the contract of the sale of the products on the Platform shall be strictly between you and the respective seller(s) on the Platform while the payment processing occurs between you, the service provider and, in case of prepayments with electronic cards, your issuer bank. Therefore, the contract of payment on the Platform shall also be strictly between you and the service provider as listed on the Platform.

The standard of behavior that sellers need to follow when connecting with the customers on the Question & Answer Section, Instant Messenger, and Product Review has been provided in the Interaction Policy between Buyer and Seller. Zaraee monitors all kinds of buyer-seller communications and is authorized to take action in case of any violations.

Please note that the content provided on the Platform is solely for informational purposes. The product representations including price, availability of stock, features, add-ons and any other details as expressed on the Platform, or any part thereof, are the responsibility of the sellers displaying them, the accuracy of which is not guaranteed by Zaraee. Any submissions or opinions expressed on the Platform are those of the individual(s) posting such content and may not reflect Zaraee’s opinion.

6.            License and Access

Zaraee grants you a non-transferable, revocable, temporary and non-exclusive license to access and use the Platform or any part thereof in accordance with the Terms and Conditions for the purposes of purchasing various products listed to be sold thereon. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to Platform and/or any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms and Conditions, is not permitted.

The commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by Zaraee in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms and Conditions and that you and the said business entity shall comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Platform 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.

Zaraee grants you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Platform or any part thereof in any manner whatsoever. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform 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.

The Platform or any part thereof (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 the express written consent of Zaraee and/or its affiliates, 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 Zaraee’s express prior written consent. You may not use any meta tags or any other text utilizing Zaraee’s name or trademark without its express prior written consent, as applicable. Any unauthorized use terminates the permission or license granted by Zaraee to you for access to the Platform with no prior notice. You may not use Zaraee’s logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without Zaraee’s express written consent, as may be applicable.

7.            Prohibited Use

You must not use the Platform, or any part thereof, in any way that causes, or is likely to cause, the Platform 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 Platform, Zararee, ts employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Platform and/or Zaraee. You understand that you are solely responsible for all the electronic communications and content sent from your computer to Zaraee and you must use the Platform for lawful purposes only.

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited, amongst others, from:

• refusing to comply with the Terms and Conditions or any other guidelines and policies related to the access or use of the Platform as available thereon at all times;
• submitting false or misleading information;
• impersonating any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
• attempting to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform;
• interfering with the access, usage and utilization of the Platform of other users;
• collecting or tracking the personal information of others;
• interfering with or circumventing the security features of the Platform or any related website, other websites, or the Internet;
• posting, promoting or transmitting through the Platform any prohibited materials as deemed illegal by any government/authority/department of Pakistan;
• using the Platform for illegal or fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
• soliciting others to perform or participate in any unlawful acts;
• violating any international, federal, provincial or state regulations, rules, laws, acts or ordinances;
• using or uploading, 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 Platform’s data, functionality or operation or damage or interfere with the operation of another customer’s computer or mobile device or the Platform 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;
• sending, using or reusing 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”;
• infringing upon or violating Zaraee’s intellectual property rights or the intellectual property rights of others;
• harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• causing annoyance, inconvenience or needless anxiety to other users/customers; or
• any other purpose(s) that may be added by Zaraee from time to time.

You agree, declare and undertake not to perform restricted activities listed within this Clause and that the undertaking of such activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with Zaraee and, in serious cases, may also result in legal action at your cost.

8.            Continued Availability and Service Suspension

Zaraee will make its best efforts to ensure, but does not guarantee, that access to and use of the Platform is consistently available and is uninterrupted and error-free. Additionally, your access to the Platform 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. Zaraee will attempt to limit the frequency and duration of any such suspension or restriction.

Zaraee has the right to stop providing access to the Platform and may suspend or terminate the use of it at any time without giving notice to you. Unless Zaraee informs you otherwise, upon any termination, (a) the rights and licenses granted to you under these Terms and Conditions shall end; and (b) you must stop using the Platform or any part thereof forthwith. Zaraee reserves the right to suspend or cease providing any access to the Platform and shall have no liability or responsibility to you in any manner whatsoever.

9.            Monitoring of the Platform and Your Account

Zaraee has the right and liberty to monitor the content of the Platform or any part thereof at all times which shall include information provided in your account. The monitoring of the Platform is important to determine the veracity of the information provided by you and that every user remains in compliance of these Terms and Conditions. Subject to the Terms and Conditions, Zaraee shall also have the liberty to remove any objectionable content which is in contravention of these Terms and Conditions and/or any applicable laws in force in Pakistan and/or share such information with any governmental authority/department as per the procedures laid down by the law for the time being in force in Pakistan.  

10.        Your Submissions

You agree that anything submitted by you on the Platform and/or provided to Zaraee including, but not limited to, questions, creative ideas, proposals, plans reviews, comments, and suggestions shall become the sole and exclusive property of Zaraee and shall not be returned to you. You agree that Zaraee may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Zaraee. Zaraee shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

In addition to the rights applicable to any submission, when you post any comment or review on the Platform, you also grant Zaraee 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 Zaraee or third parties as to the origin of any submission on the Platform or to us. You also agree that Zaraee has the right to remove or edit any submission on the Platform without any notice.

You agree that your submissions shall not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website. You are solely responsible for any comments you make and their accuracy. Zaraee takes no responsibility and assumes no liability for any submission made/posted by you or any third party.

You are licensing to Zaraee and its service providers any information, data, passwords, materials or other content you provide through the Platform. Zaraee and/or its service provider(s) may use, modify, display, distribute and create new material using such submission/content to provide the services to you. Zaraee may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Platform. By making any submission, you automatically agree, or promise that the owner of such submission/contant has expressly agreed that, without any particular time limit, and without the payment of any fees, Zaraee and its third party service provider(s) may use the same for the purposes set out above. As between Zaraee and third-party service provider, Zaraee owns your confidential account information.

11.        Claims against Objectionable and Infringing Content

Thousands of products for sale are listed/offered by numerous sellers on the Platform along with multiple comments on such listings/offers, therefore, it is not possible for Zaraee to be aware of the contents of each product being listed/offered for sale, or each comment or review that is displayed. Consequently, Zaraee works on a “report and review”. If you believe that any content on the Platform 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 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, please notify Zaraee immediately by emailing on “legal@zaraee.com” and providing your particulars as well as the relevant details of the claim including name of the objectionable content party, instances of objection, proof of objection amongst other. Zaraee will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Likewise, if you believe that your intellectual property rights have been used in a way that gives, or may give, rise to infringement, please email Zaraee at “legal@zaraee.com” and all reasonable efforts will be made by Zaraee 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.

12.        Trademarks and Copyrights

Zaraee.com, Zaraee logo and other marks indicated on the Platform are trademarks or registered trademarks in the relevant jurisdiction(s). The graphics, logos, page headers, button icons, scripts and service names of Zaraee are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to Zaraee or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zaraee. All other trademarks that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zaraee.

All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform 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 the property of Zaraee. The entire contents of the Platform also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.

13.        Software

For accessing and using the Platform or any part thereof, Zaraee has made available to you, from time to time, the software which includes any software, including any updates or upgrades to the software and any related documentation (the “Software”).

You agree that you will use the Software solely for purposes of enabling you to access and use the Platform as permitted by the Terms and Conditions and other applicable conditions/policies. You further agree that you will not incorporate the Software or any part thereof into your own program(s) or compile any portion of it in combination with your own program(s), 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 shall not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Software whether in whole or in part, or create any derivative works from or of the Software. You shall not use the Software for any illegal purpose.

You acknowledge that Zaraee may, in its sole discretion, cease providing service to you as well as terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice if you fail to comply with any of the Terms and Conditions or other related conditions/policies. The Software including any other software used in the Platform or any of the services provided thereon is the property of Zaraee and/or its affiliates or its software suppliers and protected by the laws of Pakistan.

You further acknowledge that while using the Platform or any part thereof, you may also be using the services of one or more third parties, hence, your use of these third party services will be subject to the policies, terms of use, and fees of such third parties.

To keep the Software, or any part thereof, up-to-date, the same may be updated through automatic or manual updates at any time and without notice to you.

14.        Conditions of Sale between the Seller and Customer

(1)         General Conditions

Your order is a legal offer to the seller to purchase the product(s) displayed on the Platform. 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 (1) package, you may receive separate dispatch confirmations. At the time of placing the order, an indication regarding the approximate timeline for the processing of your order will be given. Zaraee will make every reasonable effort to ensure that the indicative timeline is met but cannot guarantee that the timeline so given will be adhered to in every instance since it is dependent on the third party service providers to preserve this commitment.

All the contract terms are offered by and agreed to between you and the sellers alone. The contract 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 the products and services.

Zaraee neither has any control nor does it, in any way, involve itself in the offering or acceptance of such contractual terms between you and the seller(s). The seller retains the right to cancel any order, in his/her/its sole discretion and without incurring any liability, prior to dispatch. However, Zaraee 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 in Zaraee’s Refund Policy. The return of the product(s) will be governed by Zaraee’s Return Policy

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 Zaraee to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Platform. The seller or the Platform 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 either Zaraee or the seller and may vary from individual to individual.

You may cancel your order at no cost any time before the item is dispatched to you.

(2)         Pricing, Availability and Order processing

All prices listed on the Platform are in Pak Rupees and inclusive of GST. These prices are given by the seller of 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 the price of a product may decrease between the time you place it in your basket and the time you purchase it.

Zaraee does not offer price matching for any items sold by any seller on the Platform or other websites.

Despite Zaraee’s efforts to provide the most accurate pricing information on the Platform, it is possible that errors may still occur, e.g. cases when the price of an item is not displayed correctly on the Platform. In the event that an item is mispriced, Zaraee may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Zaraee has the right to refuse or cancel any orders irrespective of whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order(s), Zaraee’s Refund Policy will apply.

As your order is processed, you will be informed either by e-mail or SMS if any of the products ordered by you are unavailable.

Please note that Zaraee reserves the right to refuse or cancel any order for any reason at any given time without accepting any liability. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before your order is accepted.

In order to avoid any fraud with credit or debit cards, Zaraee reserves the right to obtain validation of your payment details before providing you with the product and to verify the personal information shared by you. 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. Zaraee reserves its right to proceed to direct cancellation of an order for which it suspects a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

(3)         Reselling of the Products

It is strictly prohibited to resell the products purchased from the Platform for business purpose. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her/it.

(4)         Taxes

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

(5)         Disclaimer

Zaraee does 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 Platform. Zaraee does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Consequently, Zaraee does not accept liability for any errors/omissions either on its own behalf or behalf of third parties.

Furthermore, Zararee will not be responsible for any non-performance or breach of any contract entered into between you and the seller(s). Zaraee cannot and does not guarantee your actions or those of the sellers as they conclude transactions on the Platform. Thus, Zaraee does not have any obligations or liabilities in respect of such contract(s) entered between you and the seller(s). Zares is 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 Platform 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 Platform 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 the Refund Policy.

15.        Limitation of Liability and Disclaimer

Notwithstanding anything to the contrary contained herein, neither Zaraee nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to your access and use of the Platform, or any part thereof, and these Terms and Conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Zaraee, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses (including lawyers’ fees) and causes of action arising out of your accessing or use of the Platform or any part thereof. 

You acknowledge and undertake that you are accessing and using Platform, or any part thereof, and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You also acknowledge that Zaraee has maintained and carried out all possible checks and balances to assure the credibility of the users as listed on the Platform. The information provided on the Platform, or any part thereof, is based on the information provided to Zaraee by its users/customers/sellers. In case the user does not disclose any information to Zaraee, and the same is not found out at the first instance by Zaraee.

You further undertake and agree that neither Zaraee nor any of its affiliates shall be liable for any harms, direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Zaraee or the service provider has been advised of the possibility of such damages, resulting from (i) the use or the inability to use the Platform; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Platform; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the platform; or (vi) any other matter relating to the Platform.

Zaraee shall neither be liable nor responsible for any actions or omissions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaims and any all responsibility and liability in that regard.  

Zaraee further expressly disclaims 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 Platform.

Zaraee does not make any representations or warranties on behalf of the accuracy of the products listed/offered on the Platform. Farming techniques, responsiveness of seeds, crop growth, overall farming, its expected result, quality and quantity of crops produced could differ and vary depending on the lot of external factors including but not limited to change in climate, soil, water, atmosphere etc. Even otherwise, Zaraee shall not be liable whatsoever.

Regardless of the precautions taken by Zaraee to avoid inaccuracies in content, the Platform, all content, information (including the price of products), software, products, services and related graphics are provided on “as is” basis, without warranty of any kind. Zaraee does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Zaraee nor shall Zaraee have any obligations or liabilities in respect of any transactions on the Platform.

Zaraee makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, Zaraee assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform and/or any interruption or errors in the operation of the Platform. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.

Zaraee shall neither be liable or responsible for any actions or inactions of any other service provider as listed on the Platform which includes, but is not limited to, payment providers, instalment offerings, and warranty services etc. Zaraee shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

This limitation of liability Clause shall prevail over any conflicting or inconsistent provision contained in any other document. 

16.        Indemnity

You agree to indemnify and hold harmless Zaraee, its subsidiaries, affiliates and their respective officers, directors, agents, employees and its third party associates, licensors, and partners from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your access, use or misuse of the Platform, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein, or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/transmitted by you on the Platform, or your violation of any law, rules, regulations or the rights of a third party.

Zaraee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Zaraee, including rights to settle, and you agree to cooperate with Zaraee’s defense and settlement of these claims. Zaraee will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

You hereby expressly release Zaraee 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.

This Clause shall survive termination of these Terms and Conditions.

17.        Third Party Links

For the convenience of the users, Zaraee has provides links to the websites of affiliated companies and certain other businesses. However, Zaraee has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform or any part thereof exists. Such linked websites and mobile applications are provided on “as is” basis with no warranty, express or implied, for the information provided within them or the veracity thereof. Therefore, Zaraee is not responsible for examining or evaluating, and does not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Zaraee does not assumes any responsibility or liability for the actions, products, and content of any of these and any other third-parties. Zaraee does not provide any endorsement or recommendation of any third party website or mobile application to which the Platform or a part thereof provides a link. You can tell when a third party is involved in your transactions by reviewing your transaction carefully, and Zaraee may share customer information related to those transactions with that third party. You should carefully review their privacy statements and related terms and conditions.

18.        Termination

In addition to any other legal or equitable remedies, Zaraee may, without prior notice, immediately terminate the Terms and Conditions or revoke any or all of your rights granted thereunder. Upon termination, you shall immediately cease all access to and use of the Platform and Zaraee 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 Platform in whole or in part. Any termination of these Terms and Conditions 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 Platform shall not be liable to you or to any other person as a result of any such suspension or termination.

19.        Correspondence with Zaraee

When you visit the Platform or correspond with Zaraee via e-mail, you are doing so electronically. Therefore, apart from providing Zaraee with your e-mail ID, you will also be required to provide a valid phone number while placing an order with Zaraee. Zaraee may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication it chooses to employ.

For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from Zaraee 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.

20.        Events beyond Zaraee’s control

Zaraee will not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.

21.        Losses

Zaraee 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 consequential loss that is not reasonably foreseeable to both Zaraee and when you commenced using the Platform or any part thereof.

22.        Amendments

Zaraee reserves the right to make changes to the Platform or any part thereof, its policies, these Terms and Conditions and/or any other publicly displayed condition or service promise at any time. You shall be subject to the policies and terms and conditions in force at the time you used the Platform 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).

23.        Severability

In the event that any provision of these Terms and Conditions shall be held to be invalid, the same shall not affect in any respect whatsoever the validity and enforceability of the remainder of these Terms and Conditions.

24.        Waiver

You acknowledge that on your breach of these Terms and Conditions, if Zaraee does not enforce at any time any of the provisions thereof, it shall not be construed to be a waiver of such provisions or of the right of Zaraee thereafter to enforce any such provisions.

25.        Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Pakistan and the courts at Lahore, Pakistan, shall have the exclusive jurisdiction all disputes arising out of these Terms and Conditions and other related agreements, policies etc.