By using Markaz Mobile Application (“Platform”, “Markaz Mobile Application”) you agree to these Terms and Conditions (“Terms and Conditions), Privacy Policy, Returns and Refund Policy of Markaz. Please read the Terms and Conditions carefully before using Markaz Mobile Application.
These Terms and Conditions are entered into between you and Markaz Technologies Private Limited, a private limited company duly incorporated under the Companies Act, 2017 holding registration number 181527 (“Markaz,” “we,” “us,” or “our”) and governs your use of www.Markaz.App or the Markaz Mobile Application along with its related sub-domains, sites, services and tools. If you download, install or use the Platform, you accept and agree to be bound by these Terms and Conditions. If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to enter into these Terms and Conditions on behalf of that entity. If you do not have such authority, you are solely responsible for your use of the Markaz Web Platform, if you do not accept these Terms and Conditions, then you are not permitted to install, access, download or otherwise use the Platform.
We may amend these Terms and Conditions at any time at our sole discretion by posting the revised terms at http://www.markaz.app or within an update or upgrade of the Platform. Your continued use of the Platform after the effective date of the amended Terms and Conditions evidences your agreement to be bound by it. If you do not agree to a change, you must stop using the Platform and terminate these Terms and Conditions.
In connection with using or accessing our services you will not:
To access services offered by the Platform, you shall be required to create an account with us or provide personal information to complete the creation of an account. This personal information may include your email address, registered mobile number, Computerized National identity Card details, National Tax Number, Date of Birth etc. By providing these details, you solely at your own risk and cost represent and warrant that these are true and correct to the best of your knowledge and belief and in case any of this information has been found to be incorrect or invalid, then you shall fully, wholly and completely indemnify Markaz from any claims, liabilities and losses that they may incur as a result of provision of inaccurate information.
We may at any time in our sole and absolute discretion, annul 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 shall be 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. It is your responsibility to 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 Platform 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 Platform and/or use of any services offered by the Platform (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 Platform 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 Platform, 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 Platform, 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 authorized or not) of the username and/or password.
You agree, understand and acknowledge that the Platform is an online platform that enables you to purchase products listed at the price indicated therein at any time either from an independent seller or from us from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator in respect of sales made by an independent seller and cannot be a party to or control in any manner any transactions on the Platform or on a payment gateway as made available to you by an independent seller. Accordingly, the contract of sale of products on the Platform, in cases where Markaz is acting as a facilitator, shall be a strictly bipartite contract between you and the sellers on our Platform.
We will do our utmost to ensure that access to the Platform is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Platform, this cannot be guaranteed. Additionally, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Markaz may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms and Conditions, our policies, applicable law, or any other agreement we may have with you. Markaz may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Markaz may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
Markaz may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Markaz or its agents for quality control and training purposes, or for its own protection.
Markaz's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Markaz's Terms and Conditions, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Markaz may store message contents, including to conduct this scanning and analysis.
Please review our Privacy Policy, which also governs your visit to the Platform. The personal information / data provided to us by you or your use of the Platform will be treated as strictly confidential, in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Platform.
Anything that you submit to the Platform and/or provide to us, including but not limited to, personal information, 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 Platform, 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.
We list multiple products for sale offered by numerous sellers on the Platform and host multiple comments on listings, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "claim, review and takedown" basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" objectionable content "), please notify us immediately by following by writing to us on [insert email address] We will make all practical endeavours to investigate and remove valid objectionable content complained about 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 objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
[insert trademarks] and other marks indicated on our Markaz Web Portal 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 may appear on this Markaz Web Portal 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 Markaz Web Portal, information content on the Markaz Web Portal 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 Markaz Web Portal also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. 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 and any 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 Platform. While we have taken precautions to avoid inaccuracies in content, this Platform, 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 Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with us nor shall Markaz have any obligations or liabilities in respect of any transactions on the Platform.
We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our Platform which includes but is not limited to payment providers, instalment offerings, warranty services amongst others.
You shall indemnify and hold harmless Markaz, 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 Markaz 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.
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 [insert email] 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 other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
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.
Parties other than Markaz and its affiliates may operate stores, provide services, or sell product lines on the Platform. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
When you visit the Platform, 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 Platform 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.
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 Platform.
We reserve the right to make changes to the Platform, 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 Platform unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). 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.
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.
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 Platform and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Platform shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform.
These terms and conditions are governed by and construed in accordance with the laws of The Islamic Republic of Pakistan. In case of a dispute, the matter shall be referred to arbitration which shall be conducted in accordance with the Arbitration Act, 1940 by a sole arbitrator appointed by Markaz. The award rendered by the sole arbitrator shall be final and binding. Should you choose to opt for arbitration, you agree that the cost of the arbitration proceedings shall be split equally between yourself and Markaz.
You may reach us at hello@markaz.app.
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Markaz Web Portal (the "Software").
You may use the software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Platform. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Markaz Web Portal. Additional third party terms contained within the Platform or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
When you use the Platform, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to separate policies, terms of use, and fees of these third parties.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Platform. These conditions signify your agreement to be bound by these conditions.
Your order is a legal offer to the seller to buy the product or service displayed on our Platform. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one 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. Markaz 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 the 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 either for your internal / personal consumption or 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 Markaz Web Portal. The Seller or the Markaz Web Portal 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 the Seller or ours and may vary from individual to individual.
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.
Please review our Returns Policy for details.
All prices are listed in Rupees and are listed on the Platform by the seller that is selling the product or service and it is the sole and exclusive responsibility of the seller to list the price in accordance with the applicable laws. Items in your Order List 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 Order. Placing an item in your Order 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 any seller on our Platform or other websites.
We are determined to provide the most accurate pricing information on the Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. 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 Platform Portal, including on each product information page. Beyond what we say on that page or otherwise on the Platform, 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.
Please note that there are cases when an order cannot be processed for various reasons. Markaz 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.
We Offer returns, refunds and replacements if the product is found to be faulty or not as shown initially. There should be enough reason to prove that. In case, it is proven, we offer free returns, replacements and refunds.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Platform and you agree to bear any and all applicable taxes and provide any and all information as per prevailing law.
When you visit the Markaz Web Portal, 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.
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 Platform.
We reserve the right to make changes to the Platform, 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 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.
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.
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 Platform and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
These terms and conditions are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. In case of a dispute, the matter shall be referred to arbitration which shall be conducted in accordance with the Arbitration Act, 1940 by a sole arbitrator appointed by Markaz. The award rendered by the sole arbitrator shall be final and binding. Should you choose to opt for arbitration, you agree that the cost of the arbitration proceedings shall be split equally between yourself and Markaz.
We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Platform 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 Platform. We accept no liability for any errors or omissions, whether on behalf of itself 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 Platform. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Platform.
We do not at any point of time during any transaction as entered into by you with a third party on our Platform, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) or related information as reflected on the Platform may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the Site may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated here.