Terms and Conditions
Welcome to the TRADEMART, owned and produced by TRADEMART, Inc. (TRADEMART web site www.Trademart.pk and TRADEMART Pvt Ltd. are collectively referred to as "TRADEMART").
TRADEMART is an online E-commerce web portal based in Islamabad, Pakistan, with its registered office at 693, Rehman Baba Road, I-8/4. We provide a comprehensive range of Trademart Services, including online selling, purchasing, and marketing of various products, brands, and items, and occasionally additional terms may apply. When you visit or shop at Trademart and use the Trademart Services, you agree to the following Terms & Conditions on behalf of yourself and all members of your household and others who use any Service under your account.
Please read these terms and conditions carefully because they involve legal duties and responsibilities.
By using the Products and Services, you agree to be bound by and comply with these Terms and Conditions, as well as any other posted guidelines or rules applicable to any individual TRADEMART web site, Product, or Service.
”You", "Your" shall mean any natural or legal person who is using the Website, its contents, and using the services supplied on or through the Website for the purposes of this User Agreement, Registered User / Guest User, and whenever the context so requires and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while creating an account as a Registered User / Guest User on the Website using the Website's digital systems and has accepted or acknowledged the electronic version / electronic record of this User Agreement, as well as assigned himself/herself a unique identification user name ("User ID" and "Password") to become a Registered User, or has been identified as a Guest User by entering phone number and email address.
The Website is made available to you on the condition that you 'accept' all of the terms, conditions, and notices set forth in this User Agreement. This User Agreement, along with any amendments made by Trademart at its sole discretion and posted on the Website, will be effective and binding upon you upon "Acceptance" and you may not claim the invalidity of this User Agreement solely on the grounds that it is documented and concluded electronically. For the purposes of the foregoing, "acceptance" shall mean your affirmative action in clicking on the "check box" & "continue" button as provided on the registration page, or clicking on the "Buy Now" button while transacting as a Guest User, or any other act that reflecting your use of the Website or the services provided by the Website, or any other actions that imply your acceptance to the present electronic document. By using the Website, you are agreeing to the User Agreement's terms. You may not choose to click on the "check box" and/or "continue" button and/or "Buy Now" button and not seek access to or otherwise use the Website if you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website.
2. Membership Eligibility:
The use of Trademart.pk is restricted to those who are legally capable of entering into legally binding contracts under the applicable law. Persons who are "incompetent to contract" under Pakistan Governing Law, such as minors, un-discharged insolvents, and so on, are not eligible to use Trademart.pk. Minors under the age of 18 are not permitted to create an account or register as members of the Site. If the Company recognizes that the User is a minor, i.e. under the age of 18, it reserves the right to terminate/suspend your free user membership and refuse to provide the User with access to the Site. Furthermore, unless specifically invited by the Company, anyone whose registration/membership has been suspended or cancelled by Trademart are not permitted to access the website.
3. Electronic Communications:
4. Limitation of Liability:
Users accept that their inability to utilize the website in whole or in part for any reason may have a negative impact on their business. The Company accepts no responsibility for any monetary or other losses incurred by the User, including those resulting from one or more of the following:
Without limiting other remedies, Trademart.pk may limit Your activity, immediately remove Users information or end your listing, warn other Users of Your actions, and immediately suspend or terminate or block your membership, and/or refuse to provide You with access to the Site in the event, but not limited to:
Trademart reserves the right to restore suspended Users at any moment. A User who has been banned or blocked from using Trademart.pk may not register or attempt to register with Trademart.pk or use the Website in any way until Trademart restores their account. Regardless of the foregoing, if the User breaches the Agreement or any other documents it incorporates by reference, Trademart reserves the right to recover any amounts due and owing to Trademart, as well as to take strict legal action against the User, including but not limited to a referral to the appropriate police or other authorities for the purposes of initiating criminal or other proceedings against User.
7. Jurisdiction and Governing Law:
The laws of the Islamic Republic of Pakistan shall govern and be construed in accordance with these terms and conditions User Agreement. You agree that any action at law or in equity between you and Trademart arising out of or relating to these terms and conditions will be filed only in the federal courts located in Islamabad, Pakistan.
8. Agreement Termination:
The User hereby agrees thatTrademart.pk reserves the right to partially suspend the User’s access to password-protected or secure areas of this Website, or any of the services, certain features or functionalities provided in or through this Website or fully terminate, or deactivate a User account, Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions at any time without prior notice or any notice to the User (Free and Paid Members) in order to protect the interests of other Users of Trademart.pk and / or the interests of Trademart.pk
Trademart may terminate or suspend your account in whole or in part based on reasonable grounds to suspect / believe / on receipt of a complaint / an investigation / a notification from law-making agencies or regulating authorities, and this can be done for the following reasons:
If the Company cancels the User's membership, the User will lose the ability to use the Site's Free and Paid Services, and will not be able to re-enroll or register under a new account, name, or alias unless the Trademart expressly permits it in writing. In the event that a User's membership is terminated, no membership fees will be reimbursed. In addition, you agree that Trademart.pk will not be liable to you or anyone else as a result of any such termination or suspension.
Each User agree to indemnify and hold harmless Trademart, its affiliates, subsidiaries, third-parties and their respective officers, directors, agents, Stakeholders and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Trademart.pk, made by any third party arising out of your breach or non-performance of terms & conditions of the User Agreement, Rules and Policies incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
Each User also agrees to hold Trademart, its affiliates, directors, officers, and employees harmless from any and all losses, claims, and liabilities that may arise, directly or indirectly, as a result of claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Trademart may inform you that Trademart is not responsible for any material posted by others, including defamatory, offensive, or unlawful material, and that the risk of harm from such material rests solely with each User.
The Company reserves the right to make changes to the website, its policies, the terms, conditions, and notifications under which the Services are provided, including but not limited to changes related to the User of the Services and changes resulting from legislative or statutory amendments. The User is responsible for evaluating these terms and conditions on a regular basis, and it is recommended that the User check for any revisions or updates to the terms and conditions contained in and/or the Agreement on a regular basis. All amendments take effect immediately after we post them on the Site.
We reserve the right, at any time and without giving any reason or prior notice, to suspend, discontinue, alter, update, or modify the website or any data, information, instructions, functionalities, features, services, products, or other content provided in or through this website, including portions thereof. Changes to, additions to, or withdrawals of data, information, instructions, functionality, features, services, products, or other content may be included in such suspensions, discontinuations, adjustments, updates, or modifications. If any such suspensions, discontinuations, revisions, upgrades, or modifications impede or disrupt Visitors/Users from accessing this Website or related information, data, functionality, features, services, products, or other content, Trademart will not be liable.
Trademart reserves the right (but not the obligation) to:
Trademart's entire content, including but not limited to text, graphics, logos, button icons, page headings, scripts, audio clips, digital downloads, data compilations, and software, is owned by Trademart or its content providers and is protected by Pakistani and international copyright laws. The compilation of all contents of the website is the exclusive property of Trademart and protected by Pakistani and International copyright laws.
User also grants Trademart the rights to use its name or business data or information in connection with the submitted materials and other information, as well as any and all marketing, advertising, and promotional materials related thereto, by accepting the Terms & Conditions.
12. Trademark Notice:
All content or material on the site, such as graphics, logos, page headers, button icons, and service names, are Trademart trademarks or trade dress and may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause customer confusion, or in any manner that disparages or discredits Trademart.
All other trademarks appearing on this Site are owned by their respective owners, who may or may not be related with, connected to, or supported by us.
13. License and Access:
By submitting a web page to TRADEMART, or any other web page hosting service on TRADEMART, you grant TRADEMART a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within TRADEMART. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular TRADEMART service. You acknowledge and agree that TRADEMART runs advertisements on the web pages of its users and grant TRADEMART the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change.
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Trademart or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Trademart Services. This license does not include any resale or commercial use of any Trademart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Trademart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Trademart or its licensors, suppliers, publishers, rights holders, or other content providers. No Trademart Service, nor any part of any Trademart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Trademart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trademart without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Trademart's name or trademarks without the express written consent of Trademart. You may not misuse the Trademart Services. You may use the Trademart Services only as permitted by law. The licenses granted by Trademart terminate if you do not comply with these Conditions of Use or any Service Terms.
Trademart website, all information, content, user content, products, services, and any third party content are provided by Trademart on an "as available" basis without warranty of any kind, implied, express, statutory or otherwise, including the implied warranties of title, merchantability , non-infringement or fitness for a particular purpose. Without limiting the foregoing, Trademart makes no representation or warranty that:
Any dispute that arises between You and Trademart during or after Your use of the Website in relation to the validity, implementation, interpretation, analysis or alleged breach of any provision of this User Agreement, or the documents it incorporates by reference, will be referred to a sole Arbitrator who will be an independent and neutral third party identified by Trademart.
Trademart maintains the right to modify user listings and facilitation packages at any moment without prior notice to the user. "List Price" refers to a manufacturer's, suppliers, or seller's suggested retail price for a product. We compare List Prices to prices recently discovered on Trademart and other stores on a regular basis.
We cannot confirm the price of a product sold by Trademart until the user orders it. Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. If the correct price of a Trademart product is higher than our stated price, we will either contact you for instructions before shipping or cancel your order & notify you of such cancellation. In the event of a mispriced item, other merchants or seller may have different policies.
Trademart does not charge your credit card until your order has entered the delivery process, or until we make the digital product available to you in the case of digital products.
17. References to product of service:
This Site's content may include references or cross references to TRADEMART items or services that have not yet been announced or made available in your country. TRADEMART does not intend to announce such items or services in your country based on these references. For information about the products and services that may be available to you, please contact TRADEMART.
18. Intellectual Property Rights:
Trademart respects other people's intellectual property rights, and we expect our users to do the same. If you believe your intellectual property rights have been violated or infringed, please email us at firstname.lastname@example.org. We will investigate all forms of intellectual property claims, including but not limited to copyright, patent, and trademark claims.
We will make every reasonable attempt to respond to rights owners' concerns about any claimed violation or alleged infringement within a reasonable timeframe. In suitable instances, we also terminate repeat infringers. You may send written accusations of copyright infringement to email@example.com exclusively for copyright infringement complaints.
Please include your full name, complete address, contact information (phone number, cell phone number, e-mail address), and necessary claim details (name of infringing party, instances of infringement, and proof of infringement, among other things) in your email. Your claim will be considered invalid and worthless for legal purposes if you do not include complete details. Furthermore, supplying false, misleading, incorrect, or inaccurate information may be regarded a legal violation or offence, with legal consequences.
Neither party will gain any rights to the intellectual property of the other. The Seller and Trademart will be considered joint owners of all names and other information or data relevant to a Customer, with each side free to use such names and information as they see fit in accordance with relevant law. Trademart shall have the right to use the Seller's logo, trade name, and trademark on Trademart as a means of identifying the Seller and to otherwise use such items in connection with the purposes of this AGREEMENT with the Seller's approval (which approval shall not be unreasonably withheld or delayed).
19. Member Account and Registration Obligations:
Upon registering or by filling out signup or registration forms, a user is assigned a unique Trademart User ID and a password, the user chooses for logging in its account. You are responsible for maintaining the confidentiality of the password and User ID, and are fully responsible for all activities that occur under your password or ID. So must make sure that you exit (log out) from your account at the end of each session. Trademart cannot be and will not be liable or responsible for any loss or damage suffered by or arising from your failure to comply with this requirements. User agree, inter alia, to:
Trademart has the right to indefinitely block or terminate or suspend access of your user membership with the Website, remove or edit content at any time and refuse to provide you Website access,. If you provide any information or data that is inaccurate, incorrect, untrue or incomplete, or Trademart has reasonable grounds to suspect that such information or data is inaccurate, incorrect, untrue or incomplete, or not in accordance with the User Agreement.
Except as openly or explicitly stated otherwise, all legal notices or demands to or upon trademart shall be made in writing and sent to trademart.pk personally, by courier company or postal mail to the following Legal Department entity and address: Trademart.pk House 693, Rehman Baba Road, I-8/4, Islamabad or e-mail to: firstname.lastname@example.org. The notices shall be effective when they are received according to the above-mentioned manner by trademart.
Legal notices or demands shall be considered given 24 hours after the email is sent, unless the sending Party is informed or notified that the email ID is invalid. Alternatively, the trademart may give the User notice by postal mail, postage prepaid and return receipt requested, to the address provided to us during the sign up or registration process. In this scenario, notice or demand shall be deemed given 3 days after the date of mailing.
All legal notices or demands to or upon a User shall be operative if either delivered personally, postal mail, sent by courier or by email to the last -known correspondence, fax or email ID provided by the User to trademart, or by posting such legal notice or demand on an area of the Sites that is publicly available without a charge.
User agree that all notices, demands, disclosures, agreements and other communications that Trademart sends to you electronically will satisfy any legal requirement that such communication should be in writing.
22. Links to trademart.pk:
Trademart permits third party sites to link to Trademart Website located at www.trademart.pk pursuant to these terms and conditions:
Trademart uses third party payment providers to receive payments from the Buyers on Seller's behalf. Trademart is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. As we at Trademart t takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Trademart does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. Trademart shall only make payments to the Sellers subject to realization of payment received from the Buyer to Trademart. The Seller payment is typically net of the service fee charged by Trademart for its services and after deduction of applicable withholding taxes (if any).
All the payments would be accepted on standard methods or modes set by Trademart and all payments for services at Trademart have to be made in favor of "Broadband Pvt. Ltd." only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal PayPal Accounts for any services rendered by Trademart. You are informed that under no circumstances will Trademart be liable or responsible for any damage or loss caused in your business transaction to such fraudulent individuals or organizations.
To protect your business interests, please contact us at +92 331 5533933 or email us at email@example.com immediately if any such fraudulent individual or organization tries to mislead you.
User shall be responsible for payment of all charges/costs/fees associated with the purchase of products from the Website and you agree to bear any and all applicable taxes or duties as per prevailing law.
25. Relationship of the Parties:
It is clarified that there is no partnership or/and agency or/and joint venture or/and franchiser-franchisee or/and employee-employer relationship between the Trademart and any User.