Please read the following terms and conditions very carefully as your
use of service is subject to your acceptance of and compliance with the
following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read,
understood and are bound by the Terms, regardless of how you subscribe to or
use the services. If you do not want to be bound by the Terms, you must not
subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the
end user accessing the Website, its contents and using the Services offered
through the Website. "Service Providers" mean independent third party
service providers, and "we", "us" and "our" shall
mean Theta Solutions, its franchiser, affiliates and partners.
Introduction:
eZone.PK website ("Website") is an Internet based content
and e-commerce portal operated by Theta Solutions, a company registered under
the laws of Pakistan. Use of the Website is offered to you conditioned on
acceptance without modification of all the terms, conditions and notices
contained in these Terms, as may be posted on the Website from time to time. eZone.PK
at its sole discretion reserves the right not to accept a User from registering
on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will create a password and account designation upon completing the
Website's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify eZone.PK of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. eZone.PK cannot and will not be liable for any loss
or damage arising from your failure to comply with complies with our TOS.
Services Offered:
eZone.PK provides a number of Internet-based services through the Web
Site (all such services, collectively, the "Service"). One such
service enables users to purchase original merchandise such as clothing,
mobiles and accessories from various brands.
(Collectively, "Products"). Upon placing an order, eZone.PK shall
ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and
fully understands the Privacy Policy of eZone.PK the Website. The user further
consents that the terms and contents of such Privacy Policy are acceptable to
him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or software obtained
from the Website. Limited reproduction and copying of the content of the
Website is permitted provided that eZone.PK name is clearly stated as the
source and prior written permission of eZone.PK is sought. For the removal of
doubt, it is clarified that unlimited or wholesale reproduction, copying of the
content for commercial or non-commercial purposes and unwarranted modification
of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post
and upload messages and material that are proper. By way of example, and not as
a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information;
3. upload files that contain software or other material protected by
intellectual property laws unless you own or control the rights thereto or have
received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of the Website
or another's computer.
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for
or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or
outside Pakistan;
10. violate any of the terms and conditions of this Agreement or any other
terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of
the content which you submit or otherwise authorized to use the content and
that the content does not infringe upon the property rights, intellectual
property rights or other rights of others. You further warrant that to your
knowledge, no action, suit, proceeding, or investigation has been instituted or
threatened relating to any content, including trademark, trade name service
mark, and copyright formerly or currently used by you in connection with the
Services rendered by eZone.PK.
Exactness Not Guaranteed:
eZone.PK hereby disclaims any guarantees of exactness as to the finish
and appearance of the final Product as ordered by the user. The quality of any
products, Services, information, or other material purchased or obtained by you
through the Website may not meet your expectations or may vary in colors as
compared to the image shown on product display in online catalog.
Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or
any proprietary material owned by a third party and so expressly mentioned,
respective brand owners in most cases and eZone.PK in some cases, owns certain
Intellectual Property Rights to and into the Website, including, without
limitation, any and all rights, title and interest in and to copyright, related
rights, patents, utility models, trademarks, trade names, service marks,
designs, know-how, trade secrets and inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content, graphics, icons,
and hyperlinks. You acknowledge and agree that you shall not use, reproduce or
distribute any content from the Website belonging to eZone.PK without obtaining
authorization from eZone.PK.
2. Notwithstanding the foregoing, it is expressly clarified that you will
retain ownership and shall solely be responsible for any content that you
provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against other
Services like blogs and forums) you expressly agree that by uploading and
posting content on to the Website for public viewing and reproduction/use of
your content by third party users, you accept the User whereby you grant a
non-exclusive license for the use of the same.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked
Sites").The Linked Sites are not under the control of eZone.PK or the
Website and eZone.PK is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. eZone.PK is not responsible for any form
of transmission, whatsoever, received by you from any Linked Site. eZone.PK is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by eZone.PK or the Website of the Linked Sites
or any association with its operators or owners including the legal heirs or
assigns thereof. The users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation
Of Liability:
eZone.PK has endeavored to ensure that all the information on the
Website is correct, but eZone.PK neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data, information,
product or Service. In no event shall eZone.PK be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any other
damages resulting from: (a) the use or the inability to use the Services; (b)
unauthorized access to or alteration of the user's transmissions or data; (c)
any other matter relating to the services; including, without limitation,
damages for loss of use, data or profits, arising out of or in any way
connected with the use or performance of the Website or Service. Neither shall eZone.PK
be responsible for the delay or inability to use the Website or related
services, the provision of or failure to provide Services, or for any
information, software, products, services and related graphics obtained through
the Website, or otherwise arising out of the use of the website, whether based
on contract, tort, negligence, strict liability or otherwise. Further, eZone.PK
shall not be held responsible for non-availability of the Website during
periodic maintenance operations or any unplanned suspension of access to the
website that may occur due to technical reasons or for any reason beyond eZone.PK
control. The user understands and agrees that any material and/or data
downloaded or otherwise obtained through the Website is done entirely at their
own discretion and risk and they will be solely responsible for any damage to
their computer systems or loss of data that results from the download of such
material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless Theta Solutions and its
D.B.A. eZone.PK and our group websites from and against any and all losses,
liabilities, claims, damages, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by eZone.PK that arise out of, result from, or may be
payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by you
pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are incorporated
into these Terms by reference. All prices are in PAK Rupees. Prices, products
and Services may change at eZone.PK discretion without prior notice.
Shipping:
Title and risk of loss for all products ordered by you shall pass on to
you upon eZone.PK shipment to the shipping carrier / courier service.
Termination:
1. eZone.PK may suspend or terminate your use of the Website or any
Service if it believes, in its sole and absolute discretion that you have breached
any of the Terms.
2. If you or eZone.PK terminates your use of the Website or any Service, eZone.PK
may delete any content or other materials relating to your use of the Service
and eZone.PK will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already
ordered till the time of Termination by either party whatsoever. Further, you
shall be entitled to your royalty payments as per the User License Agreement
that has or is legally deemed accrued to you.
Governing Law:
These terms shall be governed by and constructed in accordance with the
laws of Pakistan without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of
the courts at Sialkot.
Headings:
The headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret, define or
limit the scope, extent or intent of the Terms or the right to use the Website
by you contained herein or any other section or pages of the Website or any
Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall
include the corresponding masculine and feminine. The words
"include", "includes" and "including" shall be
deemed to be followed by the phrase "without limitation". Unless the
context otherwise requires, the terms "herein", "hereof",
"hereto", "hereunder" and words of similar import refer to
the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall
attach only to such provision or part of such provision and the remaining part
of such provision and all other provisions of these Terms shall continue to be
in full force and effect.
Report Abuse:
As per these Terms, users are solely responsible for every material or
content uploaded on to the Website. eZone.PK does not review the contents in
any way before they appear on the Website. eZone.PK does not verify, endorse or
otherwise vouch for the contents of any user or any content generally posted or
uploaded on to the Website. Users can be held legally liable for their contents
and may be held legally accountable if their contents or material include, for
example, defamatory comments or material protected by copyright, trademark,
etc. If you come across any abuse or violation of these Terms, please report to
[email protected] we do about mispricing despite our best efforts, a small
number of the many hundreds of items in our catalog could be mis-priced.
However, we verify prices as part of our dispatch procedures. If an item's
correct price is lower than our stated price, we charge the lower amount and
send you the item. If a product's correct price is higher than our stated
price, we will cancel your order and notify you of that cancellation.Terms For
Promotions/Contests/Offers/Campaigns
Special Offers/ Contest Wins / Sale
Promotions
1. Winners of specific contests can use their coupons in the sale.
Multiple coupons may not be redeemed against a single order. Sale discounts
apply to selected items only.
2. Promotional offers and discounts may be combined only at the discretion of eZone.PK.
All offers are non-transferable and have no cash value. eZone.PK reserves the
right to extend or terminate the offers/sale, without further information at
any point of time.
3. In case of any query pertaining to use of coupon and/or credit note or
regarding the sale/offers, please email at [email protected]
General Terms for Offers and
Promotions
1. Discounts will be applied to the total merchandise value including
applicable taxes. Issuance or redemption of a voucher or coupon will apply to
the total value of the qualifying order once all promotional discounts have
been applied.
2. 3. Only one credit note/gift coupon/coupon can be used per order unless
otherwise stated.
4. Discount coupons - Discount coupons may from time to time be offered to
account holders; such coupons may only be applied to purchases made through the
account to which the discount coupon was offered and registered. If you need a
refund, this will be made in the same way as the original payment method (such
as onto a gift voucher, debit/credit card account, a combination of the two and
in case of COD, a cheque/online bank transfers).
5. Promotional discount coupons - We may from time to time offer promotional
discount coupons which may apply in respect of any, or certain specified,
purchases made though this Website.6. eZone.PK shall introduce various offers,
schemes or contest at different times. The terms and conditions for such
Contest shall be separately available on the Site.
7. eZone.PK reserves the right to change/modify/add/delete any of the terms and
conditions prevailing on the different promotional schemes it introduces in
market from time to time. eZone.PK, at its discretion, can withdraw a
particular scheme from the website or market.
In case of any query pertaining to use of coupon and/or credit note or
regarding the schemes, please email at [email protected] While participating in any
eZone.PK contest you hereby agree to release and hold eZone.PK (and its
officers, directors, agents, subsidiaries, affiliates, joint ventures, and
employees) harmless from any claim or demand, but not limited to reasonable
attorneys' fees, or arising out of or related to your participation in the said
Contest.
Disclaimer:
It is the customer's responsibility to login earlier if they want to
avail better products or styles because eZone.PK sales are "first come,
first served". The merchandise is not restocked once sold out. No
information regarding the presence of any Product in our stock will be
guaranteed and we will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the
Site. In the event of any conflict between these T&C and the terms and
conditions pertaining to any Contest, such terms and conditions shall prevail.
We as a merchant shall be under no liability whatsoever in respect of any loss
or damage arising directly or indirectly out of the decline of authorization
for any Transaction, on Account of the Cardholder having exceeded the preset
limit mutually agreed by us with our acquiring bank from time to time.
