- 1. INTRODUCTION
-
Welcome to Powerhouse Express also hereby referred to as “we”, “us” or “X”. We are an online marketplace
and these are the terms and conditions governing your access and use of X along with its related mobile
app, sub-domains, sites, services and tools (the “Site”). By using the Site, you hereby accept these
terms and conditions (including the linked information herein) and represent that you agree to comply
with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon
your use of the website which signifies your acceptance of these terms. If you do not agree to be bound
by this User Agreement please do not access, register with or use this Site..
The Website reserves the right to change, modify, add, or remove portions of these Terms and Conditions
at any time without any prior notification. Changes will be effective when posted on the website with no
other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use
of the website following the posting of changes to Terms and Conditions of use constitutes your
acceptance of those changes.
- 2. CONDITIONS OF USE
- A. YOUR ACCOUNT
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To access certain services offered by the platform, we may require that you create an account with us or
provide personal information to complete the creation of an account. We may at any time in our sole and
absolute 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 are responsible for maintaining the confidentiality of your user identification, password, account
details and related private information. You agree to accept this responsibility and ensure your account
and its related details are maintained securely at all times and all necessary steps are taken to
prevent misuse of your account. You should inform us immediately if you have any reason to believe that
your password has become known to anyone else, or if the password is being, or is likely to be, used in
an unauthorized manner. You agree and acknowledge that any use of the website and related services
offered 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 of the website and/or use of any services offered by the website (whether such
access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) 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 that you shall be bound by and
agree to fully indemnify us against any and all losses arising from the use of or access to the website
through your account.
Please ensure that the details you provide us with 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 you are not able to update by accessing Your Account on the Site, you must inform us via
our customer service communication channels to assist you with these changes. We reserve the right to
refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice
to you. We may at any time in our sole and absolute discretion, request that you update your Personal
Data or forthwith invalidate the account or related details without giving any reason or prior notice
and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or
in connection with or by reason of such request or invalidation. You hereby agree to change your
password from time to time and to keep your account secure and also shall be responsible for the
confidentiality of your account and liable for any disclosure or use (whether such use is authorised or
not) of the username and/or password.
- B. PRIVACY
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Please review our Privacy Agreement, which also governs your visit to the Site. The personal information
/ data provided to us by you or your use of the website will be treated as strictly confidential, in
accordance with the Privacy Agreement and applicable laws and regulations. If you object to your
information being transferred or used in the manner specified in the Privacy Agreement, please do not
use the Site.
- C. PLATFORM FOR COMMUNICATION
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You agree, understand and acknowledge that the website is an online platform that enables you to
purchase products listed at the price indicated therein at any time from any location using a payment
method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a
party to or control in any manner any transactions on the website or on a payment gateway as made
available to you by an independent service provider. Accordingly, the contract of sale of products on
the website shall be a strictly bipartite contract between you and the sellers on our website while the
payment processing occurs between you, the service provider and in case of prepayments with electronic
cards from your issuer bank. Accordingly, the contract of payment on the website shall be strictly a
bipartite contract between you and the service provider as listed on our Site.
- D. CONTINUED AVAILABILITY OF THE SITE
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We will to do our utmost to ensure that access to the website is consistently available and is
uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site,
this cannot be guaranteed. Additionally, your access to the website 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. We will attempt to limit the frequency and duration of any such
suspension or restriction.
- E. LICENSE TO ACCESS THE SITE
-
We require that by accessing the Site, you confirm that you can form legally binding contracts and
therefore you confirm that you are at least 18 years of age or are accessing the website under the
supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive
license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes
of shopping for personal items and services as listed to be sold on the Site. Commercial use or use on
behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are
registering as a business entity, you represent that you have the authority to bind that entity to this
User Agreement and that you and the business entity will comply with all applicable laws relating to
online trading. No person or business entity may register as a member of the website 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.
Content provided on this website is solely for informational purposes. Product representations including
price, available stock, features, add-ons and any other details as expressed on this website are the
responsibility of the vendors displaying them and are not guaranteed as completely accurate by us.
Submissions or opinions expressed on this website are those of the individual(s) posting such content
and may not reflect our opinions.
We grant you a limited license to access and make personal use of this Site, but not to download
(excluding page caches) or modify the website or any portion of it in any manner. This license does not
include any resale or commercial use of this website or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this website 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.
This website or any portion of it (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 purposes without written consent by us 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 our written consent. You may not use
any meta tags or any other text utilizing our name or trademark without our written consent, as
applicable. Any unauthorized use terminates the permission or license granted by us to you for access to
the website with no prior notice. You may not use our logo or other proprietary graphic or trademark as
part of an external link for commercial or other purposes without our express written consent, as may be
applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking
these activities will result in an immediate cancellation of your account, services, reviews, orders or
any existing incomplete transactions with us and in severe cases may also result in legal action:
•Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies
related to the use of the websites available on the website at all times.
•Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with
any person or entity.
•Use the website 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 website 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 website and use the website other than in conformance with the acceptable use
policies of any connected computer networks, any applicable Internet standards and any other applicable
laws.
- F. YOUR CONDUCT
-
You must not use the website in any way that causes, or is likely to cause its access to be interrupted,
damaged or impaired in any way. You must not engage in activities that could harm or potentially harm
the Site, its employees, officers, representatives, stakeholders or any other party directly or
indirectly associated with the website for access to it to be interrupted, damaged or impaired in any
way. You understand that you, and not us, are responsible for all electronic communications and content
sent from your computer to us and you must use the website for lawful purposes only. You are strictly
prohibited from using the Site for fraudulent purposes, or in connection with a criminal offense or
other unlawful 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, libellous, obscene, pornographic, paedophilic 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”.
- G. YOUR SUBMISSION
-
Anything that you submit to the website and/or provide to us, including but not limited to, questions,
reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive
property and shall not be returned to you. In addition to the rights applicable to any Submission, when
you post comments or reviews to the Site, you also grant us 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 us or third parties as to the origin of
any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any
notice or legal course applicable to us in this regard.
- H. CLAIMS AGAINST INFRINGING CONTENT
-
We respect the intellectual property of others. If you believe that your intellectual property rights
have been used in a way that gives rise to concerns of infringement, please write to us at
support@powerhouseexpress.com.pk and we will make all reasonable efforts 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 others. 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.
We also respect a manufacturer’s right to enter into exclusive distribution or resale agreements for its
products. However, violations of such agreements do not constitute intellectual property rights
infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor
and/or respective reseller, it would not be appropriate for us to assist in the enforcement of such
activities. While we cannot provide legal advice, nor share private information as protected by the law,
we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
- I. TRADEMARKS AND COPYRIGHTS
-
X and other marks indicated on our website are trademarks or registered trademarks in the relevant
jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the
trademarks or trade dress and may not be used in connection with any product or service that does not
belong to us or in any manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks that appear on this website are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content
on the website and all the website design, including, but not limited to text, graphics, software,
photos, video, music, sound, and their selection and arrangement, and all software compilations,
underlying source code and software shall remain our property. The entire contents of the website also
are protected by copyright as a collective work under Pakistani copyright laws and international
conventions. All rights are reserved.
- J. DISCLAIMER
-
You acknowledge and undertake that you are accessing the services on the website and transacting at your
own risk and are using your best and prudent judgment before entering into any transactions through the
Site. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach
of conditions, representations or warranties by the sellers or manufacturers of the products and hereby
expressly disclaim any or all responsibility and liability in that regard. We shall not mediate or
resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of
quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety,
merchantability, fitness for a particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or specifications) on the Site.
While we have taken precautions to avoid inaccuracies in content, this Site, all content, information
(including the price of products), software, products, services and related graphics are provided as is,
without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase
of any products on the Site. At no time shall any right, title or interest in the products sold through
or displayed on the website rest with us nor shall X have any obligations or liabilities in respect of
any transactions on the Site.
We shall neither be liable or responsible for any actions or inactions of any other service provider as
listed on our website which includes but is not limited to payment providers, instalment offerings,
warranty services amongst others.
- K. INDEMNITY
-
You shall indemnify and hold harmless X as owned by X, its subsidiaries, affiliates and their respective
officers, directors, agents and employees, from any claim or demand, or actions including reasonable
attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of
these Terms and Conditions or any document incorporated by reference, or your violation of any law,
rules, regulations or the rights of a third party.
You hereby expressly release X as owned by X 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.
- L. COMMUNICATING WITH US
-
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will
be required to provide a valid phone number while placing an order with us. We may communicate with you
by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication we
choose to employ. For contractual purposes, you consent to receive communications (including
transactional, promotional and/or commercial messages), from us with respect to your use of the website
(and/or placement of your order) and agree to treat all modes of communication with the same importance.
X’s Buyer-Seller Interaction Policy outlines the standard of behavior that sellers need to follow when
connecting with customers on the Question & Answer Section, Instant Messenger, and Product Review
Platform (of X). X monitors all kinds of buyer-seller communications and is authorized to take action in
case of any violations.
- M. LOSSES
-
We will 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 you and us when you commenced
using the Site.
-
N. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
-
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other
publicly displayed condition or service promise at any time. You will be subject to the policies and
terms and conditions in force at the time you use the website unless any change to those policies or
these conditions is required to be made by law or government authority (in which case it will apply to
orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
- O. EVENTS BEYOND OUR CONTROL
-
We will not be held responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our reasonable control. This
condition does not affect your statutory rights.
- P. 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 website and we take no action, we are still entitled to use our
rights and remedies in any other situation where you breach these conditions.
- 3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers (“We”
or “Our” or “Us”, wherever applicable) on the Site. These conditions signify your agreement to be bound
by these conditions.
- A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
-
This section deals with conditions relating to the sale of products or services on the Site.
- B. 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 confirmation 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. X 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
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 here.
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. You may
cancel your order at no cost any time before the item is dispatched to you.
- C. RETURNS
- Please review our Returns Policy for details.
- D. PRICING, AVAILABILITY AND ORDER PROCESSING
-
All prices are listed in Rupees and are inclusive of GST and are listed on the website 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 are determined to provide the most accurate pricing information on the website 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.