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Introduction
Conditions of UseConditions of Sale (between seller & customer)
1. Introduction
Welcome to Click Mart, referred to as “we," "us," or "Click Mart." We are an online marketplace, and these terms and conditions govern your access to and use of Click Mart, including its related sub-domains, sites, mobile applications, services, and tools (the "Site"). By using the Site, you agree to these terms and conditions (including any linked information) and affirm your commitment to comply with them (the "User Agreement"). This User Agreement is effective upon your use of the Site, indicating your acceptance of these terms. If you do not agree to these terms, please refrain from accessing, registering with, or using this Site. The Site is operated by Click Nexus (Private) Limited (Registration Number: 0241176).We reserve the right to modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting on the Site. Regularly review these Terms and Conditions for updates. Continued use of the Site after any changes signifies acceptance of those changes.
2. Conditions of Use
A. Your Account
To access certain services, you may need to create an account or provide personal information. We reserve the right to invalidate any username and/or password at our discretion without prior notice or liability for any resulting losses.
You are responsible for maintaining the confidentiality of your account details and ensuring your account is secure. Notify us immediately if you suspect any unauthorized use of your account. Any access to or use of the Site with your account details will be considered authorized by you. You are responsible for all activities associated with your account and agree to indemnify us against any losses related to such use.
Ensure your account details are accurate and up-to-date. For any changes you cannot make through the Site, contact us through customer service. We reserve the right to refuse access, terminate accounts, or modify content without notice. You agree to update your password regularly and keep your account secure.
B. Privacy
Review our Privacy Policy, which governs your visit to the Site. Your personal information will be handled as per our Privacy Policy and applicable laws. If you do not agree with how your information is used, please do not use the Site.
C. Platform for Communication
The Site allows you to purchase products listed at specified prices from any location using your preferred payment method. We act solely as a facilitator and are not responsible for transactions between you and sellers or payment providers. The sale and payment processes are strictly between you and the respective parties.
D. Continued Availability of the Site
We strive to ensure consistent access to the Site but cannot guarantee it will always be uninterrupted or error-free. Access may be suspended occasionally for repairs or updates without prior notice. We aim to minimize the duration and frequency of such interruptions.
E. License to Access the Site
By using the Site, you confirm you are at least 18 years old or using it under a parent or guardian’s supervision. We grant a non-transferable, revocable, and non-exclusive license to use the Site for personal shopping purposes only. Commercial use or use on behalf of a third party is prohibited unless explicitly permitted. Businesses must have authority to bind their entity to this User Agreement.
Content on the Site is for informational purposes only. Product details, including pricing and availability, are the responsibility of the vendors and may not be entirely accurate. We provide a limited license for personal use of the Site but prohibit any commercial exploitation or data extraction.F. Your Conduct
You must not use the Site in a way that causes interruption, damage, or impairment. Engage in lawful activities only and avoid any actions that could harm the Site or its users. Prohibited activities include fraud, illegal content, impersonation, unauthorized access, and spreading malicious software.G. Your Submissions
All submissions to the Site, including reviews and comments, become our property and will not be returned. We may use your name in connection with your submission. Do not use false information or mislead us about the origin of your submissions. We may remove or edit submissions at our discretion.H. Claims Against Objectionable Content
If you find any content on the Site that you believe is illegal or offensive, notify us immediately at support@clickmart.com.pk. We will investigate and address valid complaints as promptly as possible. Provide complete details for effective handling of your claim.I. Claims Against Infringing Content
If you believe your intellectual property rights are being infringed, contact us at support@clickmart.com.pk. Provide complete details of the infringement for us to address your concern. Incomplete or false information may lead to legal consequences.J. Trademarks and Copyrights
Click Mart, its logo, and other marks are trademarks or registered trademarks. Unauthorized use of these trademarks or proprietary information is prohibited. All content on the Site is protected by copyright laws.K. Disclaimer
Accessing the Site and engaging in transactions is at your own risk. We disclaim all responsibility for sellers' actions, product quality, or content accuracy. We do not mediate disputes between you and sellers and do not endorse products on the Site.
L. Indemnity
You agree to indemnify and hold harmless Click Mart, its affiliates, officers, and employees from any claims or penalties arising from your breach of these Terms and Conditions or any violations of laws or rights.M. Third Party Business
Third parties, including businesses and individuals, may operate stores, provide services, or sell products on the Site, such as those available through the Marketplace. We also provide links to the websites of affiliated companies and other businesses. We do not evaluate, endorse, or warrant the offerings or content of these third parties or their websites. We are not responsible for their actions, products, or content. Review the transaction details carefully to identify third parties involved, and note that we may share customer information related to such transactions with them. Be sure to review their privacy policies and terms and conditions.N. Communicating With Us
When you interact with the Site or send us emails, you are communicating with us electronically. You must provide a valid phone number when placing an order. We may contact you via email, SMS, phone call, or by posting notices on the Site. For contractual purposes, you consent to receiving communications (including transactional, promotional, and commercial messages) from us related to your use of the Site and your orders. All communication methods should be considered equally important.O. Losses
We are not liable 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 began using the Site.
P. Amendments To Conditions or Alterations of Service and Related Promise
We reserve the right to change the Site, its policies, these terms and conditions, and any other publicly displayed conditions or service promises at any time. You will be subject to the policies and terms in effect at the time you use the Site unless changes are mandated by law or government authority (in which case they will apply to orders previously placed). If any condition is deemed invalid, void, or unenforceable, it will be severable and will not affect the validity and enforceability of the remaining conditions.Q. Events Beyond Our Control
We are not responsible for delays or failures to meet our obligations if they result from causes beyond our reasonable control. This does not affect your statutory rights.R. Waiver
We reserve the right to conduct business as we see fit and may choose to enforce our rights and remedies in any situation where conditions are breached, even if we do not act on a breach in another instance.S. Termination
We may terminate these Terms and Conditions or revoke your rights under them without prior notice. Upon termination, you must immediately stop using the Site, and we will revoke all passwords and account identifications issued to you. We are not liable for any consequences of such suspension or termination. If you are dissatisfied with the Site or its terms, your sole remedy is to stop using the Site.T. Governing Law and Jurisdiction
These terms are governed by the laws of the Islamic Republic of Pakistan. You agree to submit to the exclusive jurisdiction of the courts in Karachi.U. Contact Us
For inquiries, please contact us at support@clickmart.com.pk.V. Our Software
Our Software includes any software (including updates or upgrades and related documentation) provided for use with the Site. You may use the Software solely to enable you to use our services according to these Terms and Conditions. You may not incorporate, transfer, sell, rent, lease, or otherwise assign the Software, nor use it for illegal purposes. We may terminate your right to use the Software at any time. If you fail to comply with these Terms and Conditions, your rights will terminate automatically. Additional third-party terms may apply to certain software. All software is our property or that of our affiliates and is protected by Pakistani and applicable copyright laws.
When using the Site, you may also use third-party services, which may have their own policies, terms, and fees. You must not, and will not encourage or assist others to, copy, modify, reverse engineer, decompile, or tamper with our Software or create derivative works.
3. Conditions of Sale (Between Sellers And Customers)
Please read these conditions carefully before placing an order for any products with Click Mart (“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 Click Mart 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 serve purely to validate the order details provided and in no way imply 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 placing the order, we indicate an approximate timeline for processing your order. However, we cannot guarantee this timeline to be rigorously precise in every instance as we depend on third-party service providers to preserve this commitment. We commit to making every reasonable effort to ensure that the indicative timeline is met.
All commercial/contractual terms are offered by and agreed to between you and Click Mart 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. Click Mart does not have any control over 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. Click Mart retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure timely intimation 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 our refund policy.
You confirm that the product(s) or service(s) ordered by you are purchased for your internal/personal consumption and not for commercial resale. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site. Click Mart 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 Click Mart and may vary from individual to individual.
You may cancel your order at no cost at 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.
C. Returns
Please review our Return Policy details.
D. Pricing, Availability, and Order Processing
All prices are listed in Rupees, inclusive of GST, and are listed on the Site by Click Mart. 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 Click Mart 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 email 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.
E. 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.
F. Communicating with Us
When you visit the Site or send emails 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 email, SMS, phone call, or by posting notices on the Site 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 Site (and/or placement of your order) and agree to treat all modes of communication with the same importance.
G. 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.
H. 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 used the Site 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.
I. 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.
J. 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.
K. Governing Law and Jurisdictions
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.
L. Representations and Warranties
We do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties.
We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.
It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and require our directors, officers, and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes. You warrant that you are not, in any way, actively involved in money laundering or financing of terrorist or criminal activities or any other illegal activity. We reserve the right to carry out necessary money laundering, terrorism financing, fraud, or any other illegal activity checks before authorizing your account, payments, or processing