Please read these terms and conditions carefully before using Our Services.
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You may only register for and hold one account.
You acknowledge and agree to the commercial terms and condition as specified in the MSA and the relevant Ordering Form for Products purchased from the Website.
When You create an Account with Us, You must provide Us information that is accurate, complete and current at all times. Failure to do so constitute a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your Password, whether Your password is with Our Service or with Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name of trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your account is personal to you and your account and ability to access and use the Website may not be transferred to, or used by, anyone else. As part of the registration process you must select a password and user ID (Passwords) to allow you to access your account and use the Website. You must keep your Passwords secure. If you think that your Passwords may have been disclosed to someone else, you must [Add email address]. If you delay in telling us or you are at fault in not protecting your Passwords, you will be liable for any misuse or losses which arise.
Registering requires you to give us certain information about you, at the point of registration and/or later if requested.
You undertake that the information which you provide to us in connection with your registration and account (Your Data) is truthful, accurate and complete. You must keep Your Data in your account updated.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
You agree that where it is reasonably requested by a Third-Party Developer, PMCL may provide your billing and contact information to the relevant Third-Party Developer for the purposes of management, calculating commissions, administration of the account including but not limited to creation and cancellation, to conduct customer service and satisfaction surveys.
The Website is a platform which provides the Customer with access to purchase a variety of Product.
your use of the Website is solely for your use and you therefore must not attempt to resell or charge others for use of or access to the Website; and
you must not, nor attempt to replicate, transfer, give access to or re-distribute any part of the Website account by any means or in any media.
Including when required by law or by our partners, we may require you to provide evidence of government-issued photo or other ID (Identification Document) in an approved form and reserve the right to suspend or terminate your Account and/or your use of the Website if such ID is not provided to our reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering, fraud-protection or security checks which we or our partners may operate.
your use of the Website is solely for Your use and You therefore must not attempt to resell or charge others for use of or access to the Website; and
you must not, nor attempt to replicate, transfer, give access to or re-distribute any part of the Website Account by any means or in any media.
You agree that, if You use online payment option and provides incorrect information or which is actioned by a third party, You will be liable for a Resubmission Payment to Us.
You shall be responsible for all acts or omissions that occur under Your Account or password, including Content of transmissions through Services and maintaining confidentiality of Your passwords.
You will operate in compliance with provisions of all Applicable Laws (including the laws of Pakistan, and in accordance with public order and Pakistan Electronic Crimes Act 2016.
You shall not publish, distribute or disseminate obscene, defamatory or otherwise unlawful material using the Service.
You shall not use the Services to threaten, harass, stalk, abuse, or otherwise violate legal rights (including rights of privacy) of others.
You shall not use the Service to infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
You shall not use the Services nor allow the Services to be used for any unlawful or illegal purposes.
You acknowledge that it is Your sole responsibility to comply with any rules imposed by any third party whose content or service is required to access or use the Services.
You shall, at all times, cooperate with Our reasonable investigation of outages, security problems, any suspected breach of the Terms if Use and misuse of the Services.
Where applicable, We shall provide after sale Support as set out in the relevant Order Form for all Product (s)/services(s)Ordered and re-sold via Website. We will be the point of contact for all operational or technical support questions related to the Products and will escalate or refer to the Third-Party Developer/partner if needed. If You contact the Third-Party Developer/partner directly, the Third-Party Developer at its sole discretion may offer You support or redirect You to Us. However, where You directly engage with the Third-Party Developers, We shall be absolved of liability to provide such Support.
It shall be Your responsibility to raise with Us issues with the Product (s) which may give rise to Service Credits. Any Service Credits claimed by You should be claimed through Us providing Us with the necessary Service Credit request information. You are responsible for providing all evidence and information as may be required by the Third-Party Developer to assess any claim for Service Credits by You. The Third-Party Developer’s decision shall be final, and We shall not be liable for any Service Credits which are not accepted as payable by the Third-Party Developer. We shall only pay You for any Service Credits once they have been paid by the Third-Party Developer to Us.
The Third-Party Developer’s Terms of Service set out the Your sole and exclusive remedy for any failure by the Third-Party Developer to meet any applicable service level agreements, and it is the Your responsibility to raise such issue with Us directly.
In case You are found in violation of any such Third-Party Terms of Service, We shall be authorized to suspend Your account in accordance with Third Party Terms of Service.
During any period of suspension, You shall continue to pay all Charges due in respect of the suspended Third-Party Developer Product (s).
You agree that when using or accessing the Third-Party Developer Products, You shall take full responsibility for:
files and data transferred or stored, and
maintaining all appropriate backups of files and data transferred or stored.
We assume no responsibility for any data loss from Your use or access of the Products.
Each Third-Party Developer may collect, disclose and use the Your Personal Information, which may include location-based data, in connection with providing this service.
You will be liable for any costs or losses suffered byUsas a result of such a failure, including but not limited to any costs or losses suffered byUsas a result of claims from the Third-Party Developer relating to Your failure of accepting the Third-Party Developer’s Terms of Service; and
You shall not use, access, or make available for use or access the relevant Third-Party Product (s), and PMCL shall not be bound to procure the delivery of the relevant Product (s).
Services include Support during commissioning and general use of the Services.
Additional Support may be provided, although it may be at an additional cost to You if the reported problem is due to faults in Your software, operating systems or applications.
In event of an unscheduled outage or incident, we will communicate the details of issues and expected resolution times via our Website.
Our standard response time to any Support issue raised is 24-48 business hours.
We shall not provide free Support for:
faults that are outside our system; or
If you do not have an existing active subscription with us.
Our Service allows You to post Content. You are responsible for the Content you post to the Service, including its reliability and appropriateness.
By positing Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree this license includes the right for Us to make Your Content available to other users of the Service,whom may also use Your Content subject to these Terms.
You represent and warrant that: (1) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in the Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service users. You expressly understand and agree that You are solely responsible for the Content and for all activities that occur under your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but is not limited to, the following:
Unlawful or promoting unlawful activities.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unsolicited solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Products We offer within the Service shall be subject to an applicable agreement (MSA,SLA,SOF etc.)and/or additional terms and conditions (“Product Terms” or “Third-Party Developer Terms of Service”). In the event of any conflict or inconsistency between any such Product Terms and this Term of Use, the relevant Product Terms shall take precedence.
You are responsible for providing the necessary notices, and obtaining and maintaining any consents, required from Your users, to allow Us and the Third-Party Developer(s)to perform their respective contractual obligations.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Products
We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Products you purchase can only be returned or refunded in accordance with the respective agreement and/or additional terms and conditions applicable to such Product.
We donot guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We may restrict or suspend access to the Website for operational reasons including but not limited to:
in order to carry out maintenance or testing;
when it is necessary to safeguard the security and integrity of the Third-Party Developer Product (s) or the Service;
to reduce the incidence of fraud; and
for the introduction of new Products.
Where the Service is unavailable due to Scheduled Maintenance, such period shall be exempted from assessment.
Where Service is unavailable due to events beyond our control, such disruption period shall be exempted. These include the following events:
Interruption of Service due to any Force Majeure events including any emergency or regulatory situation;
Interruption of Service due to Your applications, equipment, or facilities;
Where You cause an interruption to Service due to Your acts or omissions, or any use of Service self- authorized;
We will endeavor to conduct all Scheduled Maintenance outside of Business Hours. However, We may be required to suspend supply of Service during Business Hours in order to carry out emergency repairs on its systems.
Fault Reporting Resolution
You may report Service faults via the Website support module link. The Support team will use best efforts to identify and resolve the fault.
It is Your responsibility to maintain and repair any equipment which You own. You are also responsible for any of Our equipment on Your premises (if any) and You shall indemnify Us for any loss or damage to Our equipment.
We reserve the right to revise Our prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, increased cost of doing business and any other matter beyond Our control. In that event, You will have the right to cancel Your Order in accordance with the provisions of respective agreementand/or the relevant Order Form.
Discounts:If a discount is applied, it may or may not be granted for the initial Order Term. We reserve the right to remove any discounts on expiry of the initial Order Term.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Product purchases will appear on the Your bill as an additional Product category and a detailed breakdown of purchases shall be made available via Your monthly bill – invoice summary.
Taxes:All payments by the customers to Us shall be inclusive of sales tax (if any and as applicable). Payment will be made to Us after deduction of applicable withholding taxes as applicable under law. No withholding tax deduction shall be made in case if We will provide valid income tax exemption certificate. In case of deduction,We would be provided withholding tax certificate within 30 days of deduction on payment.
Stolen Credit Card / Payment:Since you can pay online via credit card / jazz cash / IBFT, any illegal use of payment mechanism or use of stolen / theft card by You shall be Your sole responsibility.
Disputed Bills:In the event You dispute (in good faith) any portion of Our invoice, You must pay the undisputed portion of the bill and submit a written claim for the disputed amount, documenting the basis of its claimeitherby email or raising ticket in the assigned admin portal. All claims must be submitted within three (03) business days.
The Service and its original content (excluding Content provided by You or other users as well as Content provided by Third-Party with respect to its Products), features and functionality are and will remain Our exclusive property and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any Product without Our prior written consent.
You shall not use Our logo or trademark or “powered by PMCL” unless a written / email approval is granted by Our respective account manager.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
We shall close your User Account if it is unable to pay for a period of one (01) month and terminate your User Account after intimation.
Your nominated payment method is refused or dishonored, or You fails to pay the amount specified within fourteen (14) days of the due date.
You are unlawfully using the Service.
It is required under any regulatory or emergency
The operations, security or efficiency of a Service is impaired by Your use of Service or Your Equipment connected to the Service
You are found in breach of any provisions of the MSA and/or the Ordering Form entitling us to terminate the MSA and/or the relevant Ordering Form.
When a Service cancellation is requested, We will cancel the Service at the end of the billing period in which the request is received.
Upon You providing notice of termination for the respective Service, all Charges including any unbilled amounts shall become immediately payable. You shall be billed for all Charges up to and including the last day of the notice period (i.e. the date on which the respective Service is terminated).
Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on Our equipment or any computer system or network that is accessed by our Services, may result in suspension or termination of Service.
Any attempt to disrupt or interfere with users, services or equipment, may result in termination or suspension of the Service. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolization of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorized entry to any other machine accessible via our network, sending harassing or threatening e-mail and forgery or attempted forgery of e-mail messages.
Not with standing any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall We or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Service is provided to You on"AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing,We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither We nor any of the Our Service provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included there on; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
For all Product (s) ordered by You from the Website, You agrees to pay all Charges set out in the relevant Order Form in manner it keeps (at all times) Us indemnified against any and all third-party claims/liabilities You owe towards such Third-Party Developer Product.
Any complaints and /or Disputes shall be referred immediately to our email address listed below and We shall try our best to resolve any such complaints at our earliest.
CODE OF CONDUCT AND COMPLIANCE PROVISIONS
You acknowledges that You have received copy of the Business Partner Code of Conduct also available at Our websitehttp://jazz.com.pk/assets/uploads/pdf/BP- Code-of-Conduct.pdf (the “Code”) and understands and agrees to the said Code (including all updates of the said Code made from time to time) and also agree to comply to the compliance provisions available athttps://jazz.com.pk/cp-annex/.
Both Parties shall take all necessary steps to ensure that they comply with license obligations, regulatory requirements, and Applicable Laws.
You shall take all necessary steps not to causeUSor any of Our Affiliates to breach license obligations, regulatory requirements and Applicable Laws and provide all necessary assistance and cooperation as is required by Using order to maintain such compliance.
Customer Data Protection: In addition to the foregoing obligations, You acknowledge that You are solely responsible for taking steps to maintain appropriate security, protection for Your login credentials used to access Your Data. We make no other representation regarding the security of Your Data.You are solely responsible for determining the suitability of the Services considering the type of Data used with the Services. You must maintain the security of their login credentials and may not share login credentials except as required to establish and authorize users in their account. You are responsible for designating authorized users under their account and limiting access of login credentials associated with their account.
At all times, “Your Data” remains Your exclusive property and responsibility.
Once You cancel a Service, Your Data pertaining to that Service shall not be retrievable form such point by You in any shape or form.
We may erase/delete Your Data from Our systemsafter90 days from the date of Service cancellation.
PMCL does not backup Your Content and/or Data unless You purchase Our Backup service.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,You must stop using the website and the Service. Your continued use of the Website and the Services will constitute your acceptance of the change.
Severability:If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver:Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Your Account is provided exclusively for use by You. You shall not transfer the use of Service to any third party or any other user. However, in the event a necessity arises to transfer Your Account to any Affiliate such transfer shall be requested in writing (together with such supporting documents that We may reasonably require such as a valid trade license, other corporate documentation and/or supporting financial information on the new entity). The transfer of Your Account shall be done at the Our absolute discretion. In the event we allow the transfer of Your Account to a new person or entity, You shall settle all amounts outstanding and may be required to provide an additional deposit before any such transfer.
Independent Parties: We, the Third-Party Developer(s) and You are independent parties with respect to ordering of Product (s) using Our Services. You and Third-Party Developer(s) are directly responsible to each other for the performance of respective obligations under the Third-Party Developer’s Terms of Service and privacy policies between You and Third-Party Developer(s) in relation to the Product (s). Accordingly, We are directly responsible to each other for the performance of our respective obligations under the Master Services Agreement.