Terms and Conditions
Rules of Conduct
By using Achasoda.com, User hereby warrants and agrees to provide Achasoda.com with true, accurate, current and complete information to be displayed on this Site and maintain and promptly amend all information to keep it true, accurate, current and complete.
User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to Ezone to display, use and reuse all information provided by such User in accordance with the purposes set forth in these Terms of Use and to exercise the copyright, publicity, and database rights the User has in such material or information, in any media known.
User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Ezone or authorizes Ezone to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owners of such rights.
Any of the following is automatically considered a material breach of these Terms of Use and forfeiture of any or partial access to the Site and/or its products and services:
- Using the Site in violation of local, national, or international laws;
- Violating any ordinance or regulation including without limitation, those governing export control, consumer protection, unfair competition or false advertising
- Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding another's privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Ezone in its sole discretion
- Collecting or storing personally identifying information about other users for unlawful or unauthorized purposes
- Being obscene or containing any pornography or sex-related merchandising or any other content or otherwise promoting sexually explicit materials
- Being harmful to minors
- Impersonating any person or providing false information on your registration form
- Posting or transmitting any unsanctioned advertising, promotional materials, including junk mail, spam, chain letters or any unsolicited mass distribution of email
- Posting or transmitting any data or material which contains computer viruses, corrupted files or any other similar destructive software and codes that may damage or have the effect of interfering with or intercepting any software or hardware system, data or personal information
- Posting material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of others
- Acting in any other manner, which in Ezone, in its sole discretion finds unacceptable
- Shall not take any action which may undermine the integrity of Achasoda.com feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
User acknowledges and agrees that Ezone shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content that is available via the features, products and services provided by this Site, at any time, for any reason, or for no reason at all, with or without notice. Ezone may also terminate access to, or membership in Achasoda.com or any portion thereof, for violating these Terms of Use. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by or obtained through the use of this Site's features, products and services.
User acknowledges and agrees that Ezone may preserve the content and may also disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce the Terms of Use, to respond to claims that any content violates the rights of third-parties; or for the protection of the rights, property, or personal safety of Ezone, its users and the public. User acknowledges and agrees that the technical processing and transmission of User's content may involve transmissions over various networks and/or may involve changes to conform and adapt to technical requirements of such networks or devices.
Ezone reserves the right to cooperate fully with governmental authorities and/or injured third parties in the investigation of any suspected criminal or wrongdoing. Further, Ezone may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Achasoda.com, shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Achasoda.com, for such disclosure.
Acceptance
a. By using Achasoda.com, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
b. In addition, this Agreement may be changed or updated by Ezone from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on Achasoda.com. Your continuous use of our Service signifies your acceptance of the changed Agreement.
c. Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be subject to this Agreement. You may stop using the Service at any time.
d. This Agreement may not be otherwise modified except in writing signed by an authorized officer of Ezone.
Users
a. Members of Achasoda.com are natural persons, legal persons and other organizations that have full capacity for civil conduct and are able to assume legal responsibilities independently. If you do not have above qualifications, please do not register or use Achasoda.com. Otherwise, all consequences resulting from this will be borne by you or your guardian.
b. Ezone is obligated to advise you that any user, during accessing Achasoda.com, must behave in accordance with applicable laws. Ezone is not responsible for the possible consequence caused by your behavior during use of Achasoda.com.
c. Achasoda.com may, in its sole discretion, refuse the Service to anyone at any time without any prior notice to you. The Service is not available to temporarily or indefinitely suspended members of Achasoda.com.
Registration Obligations
a. In joining or becoming a member of Achasoda.com, you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the "JOIN FREE" application form (such information being the "Registration Content"), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
b. If you represent a business entity registered on Achasoda.com, you promise that you have the authority to bind the entity to this Agreement.
c. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ezone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ezone reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.
d. During the registration process, you will create a Member ID and Password. By becoming a registered member of Achasoda.com (also referred to as "Member"), you could access to your own account by your Member ID and Password.
General Guidelines for Seller
Ezone is in the business of providing services to facilitate Ecommerce via its online marketplace at Ezone - a platform that enables Customers and Sellers to transact online. The Seller wishes to sell Products on the online marketplace platform provided by Ezone. Ezone offers multiple services to facilitate sales via its online platform. The Seller appoints Ezone as its commission agent under the terms & conditions set hereunder.
This agreement expressly supersedes prior agreements or arrangements between both Parties unless expressly agreed otherwise between the Parties
Both Parties agree that customer satisfaction is the ultimate interest responsible for guiding the commercial actions and behavior of both Parties
Every transaction of the Seller on Ezone’s platform is bounded to the acceptance of the terms of this agreement as well as the details, annexes, appendices, platform policies mentioned in this agreement and/or available on Ezone. This agreement will be considered valid as soon as it is electronically accepted by the Seller
The service provided by Ezone is limited to referring customers to the Seller and accepting orders and payments on their behalf as well as supporting, but not limited to, a range of logistics and marketing services, to be requested and purchased by the Seller. This support is covered within the agreed level of commission and any additional service fees
Ezone may use the services of subcontractors to execute any part of the present agreement or any kind of future services made available to the Seller without any prior intimation
Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
In order to maintain its reputation for quality and high service standards, Ezone reserves the right to delist the Seller and to terminate the relationship with the Seller based on Ezone’s internal quality assessment of the Seller as governed by Ezone’s Customer Protection Policy
Notwithstanding any clauses in this agreement, this contract is to be read in line with the Seller Code of Conduct. Any breach in the Seller Code of Conduct would automatically constitute a breach of contract within this agreement. In any event where the Seller Code of Conduct is amended, Ezone shall inform the seller of the said amendment
After going through and successfully completing the Signup Process, Ezone shall provide the Seller with a unique username and password to access the Seller Center and complete the registration process
The Seller is responsible for maintaining up to date information pertaining to their business on Seller Center such as, but not limited to, address and bank account number. Ezone is not responsible for any liability arising from incorrect information supplied by the Seller
The Seller shall be solely responsible for the safety and security of its password and shall not disclose its password to any third party. The Seller is solely responsible for any use of or action taken under the password and shall fully indemnify Ezone from any damages or injury resulting from any unauthorized use of its password
Any correspondence or communication received through the Seller Center and/or appointed email address shall be presumed to originate from and have been made with the approval of the Seller and Ezone shall be entitled to rely on such correspondence or communication
The Seller shall complete a training module in order to be ready for operating on the Platform. The seller must pass this training and implement the learnings in their operations in order to start selling via Achasoda.com
Achasoda.com shall feature the Seller’s Products on the Platform for sale at the given Listed Price. The Platform shall show the Product as being sold by the Seller and not by Achasoda.com
Achasoda.com may offer additional promotions/discounts over and above a Sellers Listed Price via multiple channels and the Seller agrees that this does not constitute a change in the ownership of the Product(s). Any Commission and/or Fees charged on such a transaction will however be upon the Sellers Listed Price
The manner in which the Products are featured on the Platform and its placement on the Platform shall be the sole responsibility of and at the discretion of Achasoda.com
Any particular Product(s) featured on the Platform may be delisted by Achasoda.com if sale of that Product would contravene any law or the Seller breaches any of its obligations under this agreement and in such case, the Seller shall be notified immediately
Seller shall provide Achasoda.com with the Required Product Information in the prescribed format. This information must be true and in line with the actual physical Product. The Seller will be responsible for listing their own products
Ezone reserves the right to use, reproduce, modify, adapt, publish, translate, create and distribute any content that the Seller provides
Where at the request of the Seller, Achasoda.com produces digitized images and photographs of the Product(s) for display on the Platform, Achasoda.com may charge a Fee and is entitled to deduct this amount from payments made to the Seller for the sale of any Product(s) in addition to any other amounts it is entitled to deduct under this agreement
Featuring any Product on the Platform shall constitute an offer of sale on display by the Seller to all persons using the Platform
Where a Customer places an order for purchasing a Product through the Platform, it shall be deemed to be an acceptance of the Seller’s offer to sell the Product and a binding contract shall come into force between the Customer and the Seller. The order is considered legally confirmed once the item is dispatched by the seller. The terms of the contract are offered by the Seller and are agreed to by the Customer and have no relation with Achasoda.com
Achasoda.com will not be responsible for, resolve or mediate any disputes between the Seller and a Customer
The Seller agrees to respect and follow Ezone's Compliance Policy to operate their shop smoothly and avoid the consequences of breaching the policy.
The Seller agrees to respect and follow Ezone’s Customer Protection Policy. If any changes occur in the policy, the Seller will be informed via email
Ezone measures Seller performance on an ongoing basis and will share a weekly performance report with the ops score of the respective Seller:
o Ezone will rank the Seller based on performance. There are daily order limits associated with each rank.
o Ezone may, at any time, delist, downgrade or upgrade the Seller depending on commercial and operational performance without any prior notice to the Seller.
o Upon delisting, the Seller may need to go through the training module again in order to re-list on Ezone’s Platform. Ezone retains the right to blacklist Sellers who repeatedly breach delisting thresholds and retains sole discretion on how the re-listing process in managed
Ezone may, at its discretion, exempt certain sellers from the daily order limitations and delisting criteria. These sellers may instead be charged financial penalties if performance does not meet the Standard Ops Score. These financial penalties may be deducted from the payout released to the Seller as per payment terms. Offences that can lead to Penalties include, but are not limited to, the following:
• Selling counterfeit and illegal Products
• Slow fulfilment of orders
• Cancellations and orders out of stock
• Lack of respect of packaging guidelines
• High rate of return on products
Ezone may forward questions or complaints received by Ezone’s Customer Service department regarding any sold Product(s) to the Seller. The Seller shall be obliged to respond to Ezone on all such questions or complaints within forty-eight (48) hours of the receipt of such questions or complaints
On receiving Seller’s response to any question or complaint, Ezone shall promptly forward the response to the Customer
If a Seller fails to respond to any question or complaint within forty-eight (48) hours of receiving the same, the Seller or any of its Products may be de-listed from the Platform without further notice
As an agent for the Seller, Achasoda.com shall be entitled to receive a commission for the sale of each Product on the Platform, as stipulated in the Commission Schedule unless specified otherwise in any special terms agreed upon
Commissions are calculated as a percentage of tax inclusive sales price
These Commissions are deducted by Achasoda.com when making a payout to the Seller defined under Payments
Ezone reserves the right to adjust the percentage Commission defined in the Commission schedule, providing suitable notice of 14 days in advance to the Seller before enactment
Ezone shall receive and process all payments for Products purchased on the Platform on behalf of the Seller. Ezone shall make payment of the amount of the Listed Price for the Product(s) received from a Customer, less its commission for the sale of the Product(s), less any service Fees/Penalties or any other amounts due if applicable, subject to its right of set-off under this agreement
All payments will be made in Pakistan Rupees. In case the Seller wishes to change the information for the Bank Account, it may do so by updating its Bank Account information through the Seller Center. Payments will be made via online transfer to the Bank Account specified by the Seller in the Seller Center
The Seller agrees that Ezone shall not be liable for any failure to make payments arising due to incomplete or inaccurate information provided by the Seller with regards to its Bank Account
In case a payment has been issued by Ezone to the Seller for a delivered item that is later returned to Ezone by the customer, Ezone will deduct equivalent amount in the next cycle and return the product to the Seller (subject to return policy)
Ezone shall be entitled to deduct or withhold from payments to be made to the Seller under this agreement any duties, taxes or other amounts required to be deducted or withheld under any federal, provincial or local law and to remit the same to the taxing authority of any jurisdiction relevant to the transaction
The Seller warrants to Achasoda.com that all its Products sold on the Platform, whether manufactured, imported or otherwise produced or provided by the Seller or others, will:
o Strictly conform to the specifications, drawings, samples, performance criteria, and other descriptions referred to or provided on the Platform; be of merchantable quality and fit for the purpose(s) intended; and have all relevant regulatory permits and licenses, and conform to all applicable laws, ordinances, codes and regulations.
The Seller furthermore warrants and represents to Ezone that:
o It is competent to enter into this agreement and any Contract and its entry into this agreement and any Contract and the performance thereof have been duly authorized by all necessary corporate action and constitutes a valid and binding agreement of the Seller, enforceable against the Seller in accordance with the terms thereof
None of the Products have been or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor and its subcontractors, agents and suppliers involved in producing or delivering the Products will strictly adhere to all applicable laws of Pakistan and other countries where the Products are produced or delivered, regarding the operation of their facilities and their business and labor practices, including without limitation working conditions, wages, hours and minimum ages of workers
All customs duties, excises tax and any other tax on the import, manufacture or production of the Products have been duly paid.
It is legally entitled and permitted to sell the Products that it is listing
The Products are not dangerous and do not contain any hazardous substance, contraband, explosives, or any kind of prohibited material as per law
It will package and ship all Products in accordance with all applicable laws and the Seller shall be solely responsible for any violation of law and will indemnify Ezone against the consequences of any such violation
All formal consents, waivers, approvals, authorizations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the Seller in connection with the entry into this agreement or any Contract and the performance of the same, have been duly obtained
The entry, delivery and performance of this agreement or any Contract by the Seller will not violate or conflict in any material respect with any law, statute, rule, regulation, ordinance, code, judgment, order, writ, injunction, decree or other requirement of any court or of any governmental body or agency thereof
In its performance under this agreement and any Contracts entered into with Customers, the Seller shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this agreement may be performed. Upon Ezone’s written request, the Seller shall provide any written certification of compliance required by any federal, state, or local law, ordinance, code, or regulation.
If necessary, the Seller shall be obliged to procure all formal consents, waivers, approvals, authorizations, exemptions, registrations and/or licenses necessary for Ezone to feature the Products on the Platform, at its own cost.
Ezone may at any point require the Seller to provide any financial, business or personal information for any purpose whatsoever, and the Seller shall provide the same to Ezone within seven (7) Business Days of such request being made.
It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing or 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 check before authorizing your account, payments or processing of any applicable refunds
The Seller undertakes and represents to Ezone that it has all rights and ownership or is a licensed user of all Intellectual Property in relation to the Products and the supply of the Products which shall not be infringed due to marketing, promoting and featuring the Products on the Platform. Ezone acknowledges that it will not acquire any rights in respect of the Intellectual Property in relation to the Products
The Seller represents and warrants to Ezone that it is not aware of any claims made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the manufacture, sale, distribution or use of the Products
Both parties agree to release, defend, protect, indemnify and hold their affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, users, successors, and assigns, harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis), expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the Products
The Seller shall not be entitled to use any Intellectual Property belonging to Ezone without Ezone’s prior approval in writing
All Customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed or disclosed in any form or manner to the Seller by Ezone, or produced or created by the Seller for Ezone hereunder are the intellectual property of, and confidential to Ezone and Seller and shall be used solely by the Seller for purposes of this agreement. All such information shall be treated and protected by the Seller as strictly confidential, and shall not be disclosed to any third party without the prior written consent of Ezone and shall be disclosed within the Seller’s organization only on a need-to-know basis
Both Parties may require their respective employees and other personnel involved in the performance of this agreement to execute an individual confidentiality agreement prior to any disclosure. Any non-disclosure agreement heretofore executed by the Seller in connection with the sale of its Products under this agreement is hereby expressly incorporated within the Contract
Both parties shall immediately return to each other any information provided, either upon demand, or upon termination of this agreement, including all copies made by either Party
Both Parties shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this agreement or make any reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web site references, photographs, articles, press releases or interviews, speeches or programs) without obtaining prior written consent
The Seller agrees to release, defend, indemnify and hold Ezone harmless, including its affiliates, and any director, officer, employee, contractor, or agent, against any costs (including attorney fees and court costs on an indemnity basis), fines, penalties, damages, and liabilities, arising from, alleged to arise from, or in any way associated with:
o Any negligence or fault of whatever nature of the Seller or its affiliates, and any director, officer, employee, contractor, or agent; or
o Any breach in any warranty or representation made herein.
The Seller acknowledges and agrees that Ezone may at its sole discretion modify, amend or change any of the General Terms and Platform Policies and such modified, amended or changed General Terms and Platform Policies shall come into force and be binding on the Seller upon the posting of such changes on Seller Center or on the Platform, and the Seller is responsible for reviewing these locations and informing itself of all applicable changes or notices. The Seller should refer regularly to Seller Center to review the current agreement (including the Platform Policies). Ezone will inform the Seller of any modification via email. THE SELLER’S CONTINUED ACCESS AND USE OF THE PLATFORM AND SELLER CENTER AFTER Ezone’s POSTING OF ANY CHANGES WILL CONSTITUTE ITS ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS
The Seller will then have fourteen (14) days to accept any and all modifications or communicate disagreement via the Seller Center or via Email. If there is no response from the Seller it will count as an agreement on the Sellers part.
Required Product Information
Means, with respect to each of the Products, the following (except to the extent expressly not required under the applicable Platform Policies): (a) detailed description, including as applicable, specifications, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) Product numbers, and other identifying information as Ezone may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and shipment information; (d) categorization within each Product category and browse structure as prescribed by Ezone from time to time; (e) digitized image that accurately depicts the Product, complies with all Ezone image guidelines, and does not include any additional logos, text or other markings; (f) Listed Price; (g) any text, disclaimers, warnings, notices, labels or other content required by applicable law to be displayed in connection with the offer, merchandising, advertising or sale of the Product; (h) any Seller requirements, restocking fees or other terms and conditions applicable to such Product that a Customer should be aware of prior to purchasing the Product; (i) brand; (j) model; (k) product dimensions; (l) weight; (m) a delimited list of technical specifications; (n) Product numbers (and other identifying information as Ezone may reasonably request) for accessories related to the Product that is available in Ezone’s catalog; and (o) any other information reasonably requested by Ezone (e.g., the condition of used or refurbished products).
Terms of Use For Members
a. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify Ezone of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. Ezone cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. Ezone does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.
b. You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.
c. You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Achasoda.com
d. You agree that you are solely responsible for (and that Ezone has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Ezone may suffer) of any such breach.
e. Achasoda.com will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by Achasoda.com the new email address will be prevailing). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed.
f. Achasoda.com is entitled to send all kinds of business information relating Ezone's services by the contacting you have provided (Including e-mail, mobile phone messages, etc.). You must send a written notice to us if you refuse to continue to receive the business information.
i. monitors, screen or otherwise control any activity, content or material on or accessible through this Website, or investigate any violation of these Terms of Use and take any action they deem appropriate;
ii. prevent, suspend or restrict any Visitor’s access to (i) any password-protected or secure areas of this Website and/or (ii) any particular service, functionality or feature provided in or through this Website; and/or
iii. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
Use of Discussion Boards on the Website (IF we will have this)
5.1 Ezone provides its Members use of discussion boards on the Site free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Sites shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through a discussion board on the Sites, are the sole responsibility of such Member from whom the Content originated. This means that the posting Member, and not Ezone is entirely responsible for all Content that is uploaded or posted via our discussion boards on the Sites. Ezone does not control the Content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such Content.
5.3 Ezone reserves the right to, but shall have no obligation to, delete or edit any postings in its sole discretion without prior notice. Ezone may but shall not be obliged to monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Sites. Under no circumstances will Ezone be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. Each Member understands that by using the Ezone discussion boards on the Sites, such Member may be exposed to Content that is offensive, indecent or objectionable.
5.4 Without prejudice to each Member's responsibilities, each Member agrees not to use the discussion boards on the Sites to:
a) upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
d) "stalk" or otherwise harass another;
e) to use the personal data about other users for purposes unrelated to the discussion board or to disclose personal data on the discussion board about third parties without their authorization
f) upload, post or e-mail any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
g) upload, post or e-mail any Content that infringes any intellectual property rights or other legitimate rights of any party;
h) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
i) upload, post or e-mail any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
j) upload, post or e-mail any Content that contains a complaint regarding Ezone services or refers to such a complaint on the Sites or to any other Members; any such complaint must be directed to the customer service e-mail on the Sites; or
k) violate any applicable national or internal laws or regulations.
5.5 Each Member acknowledges that Ezone does not pre-screen Content but that Ezone shall have the right (though not the obligation) in its sole discretion to move, modify or remove any Content that is posted or
5.6 To the extent permitted under applicable laws, each Member grants to Ezone a perpetual, world-wide, royalty-free irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or part) such Member uploaded, posted or supplied to Ezone for posting on the Site and/or to incorporate such Content in other works in any form, media or technology now known or developed. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
5.7 Each Member shall indemnify and hold Ezone and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any Content such Member uploaded, posted or e-mailed on or through the discussion boards on the Sites, such Member's use of the discussion boards on the Sites, or such Member's breach of the provisions set out in clause 5.4.
5.8 On being made aware of any such breaches, Ezone may ban, delete or prohibit any Content that relates to those breaches or that Ezone in its sole discretion consider to be harmful to the public or the rights of Ezone or any of its affiliates, licensors, partners or Members.
5.9 Ezone reserves the right to take whatever action it deems necessary to prevent a Member's breach of clause 5.4 including the following:
a) issue a warning letter to the relevant Member (where the breaches are deemed by Ezone to be minor); or
b) ban the relevant Member from discussion boards on the Sites (where the breaches are deemed by Ezone to be major).
All incidents will be logged and Ezone decision shall be final in all such cases.
5.10. All information and/or other Content posted on the Sites by the Ezone service team or by Members or third-party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.
Modifications
Publisher and/or other relevant members of Ezone reserve the right to control the look and feel of this Website and shall be entitled to publish any notices or disclaimers on this Website in the manner and to the extent deemed necessary by Publisher and/or other relevant members of the Achasoda.com at their sole discretion.
Publisher and/or other relevant members of the Achasoda.com reserve the right to update, suspend, discontinue, alter or modify this Website or any information, data, instructions, functionalities, features, services, products or other content provided in or through this Website, including portions thereof, from time to time and without giving any reason or prior notice. Such updates, suspensions, discontinuations, alterations or modifications may include, without limitation, changes to, additions of or withdrawals of information, data, instructions, functionalities, features, services, products or other content. Publisher and/or other relevant members of Ezone shall not be liable if any such updates, suspensions, discontinuations, alterations or modifications prevent or disrupt Visitors from accessing this Website or associated information, data, instructions, functionalities, features, services, products or other content.
Publisher and/or other relevant members of the Achasoda.com reserve the right (but shall not be obliged) to:
Link
Achasoda.com may contain links to other websites, but Ezone does not have control over such websites and resources by provided by those websites. Please be cautious about such sites' terms and conditions and/or privacy before using such sites. Ezone does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. You acknowledge that Ezone is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.
Charge
a. Access to and the use of Achasoda.com as well as registration as a Free Member are free of charge. Ezone reserves the right to modify the charging clause without prior notice and would post the changed clause on Achasoda.com immediately.
b. Ezone provides certain services to users who have undergone a specific registration process and/or verification process and agreed to pay for such services ("Premium Services" such as advertising, trade or membership services). Use of certain services or features of Achasoda.com that are part of a Premium Service are governed by additional terms and conditions under separate agreements in addition to this Terms & Conditions.
c. Please note that we are not responsible for all hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. Ezone reserves the right to change or discontinue, temporarily or permanently, some or all of the services and/or features at any time without notice.
Dispute Resolution
a.if upon complaint or claim from any other Member or third party, Ezone has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where such Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Ezone has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, Ezone has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without compensation and without liability for any losses or damages arising out of or in connection with such suspension or termination, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Ezone. Further, Ezone reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Sites for such duration as Ezone may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Ezone to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Ezone opinion. Ezone reserves the right to cooperate fully with governmental and regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted under applicable laws and policies, Ezone may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Sites, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action, and Ezone shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Ezone for such disclosure. In connection with any of the foregoing, Ezone may suspend or terminate the Account of any Member as Ezone deems appropriate in its sole discretion.
b. In the event that any user has a complaint, dissension, or dispute with any party to a transaction or other users, such user acknowledges and agrees that Ezone has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization. You have to provide materials which could be used as a deterrent against the complaint, dissension, or dispute at a specified time when you receive the notice sent by email or any other means from Achasoda.com otherwise Ezone would handle the complaint, dissension, or dispute at its sole discretion with its independent judgment, where the resolution would be unfavorable to you. Ezone may impose the limitations on, suspend or terminate the use of Service or refuse your accessing Achasoda.com if there is a breach of the items of this Agreement and other terms, regulations and policies for the uses of any Service.
c. You acknowledge and promise that (a) the ability of making a judgment and/or dealing with a complaint, dissension, or dispute is limited, (b) no warrant shall be made that the results would meet your requirements, anticipation, or hope, (c) and in no event shall Ezone be liable for the judgment or results. It is Ezone's right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.
d. You agree to immediately notify Ezone of any infringement or breach of your legal rights by using of Service and provide necessary evidences. You are liable for the authenticity and legitimacy of your deed.
e. If the Member is in breach of any items of this Agreement or other terms, regulations and policies for the uses of any Service, according to the legally effective judgments or orders of the people's court verify or Ezone's suspicion at its sole discretion, Ezone reserves the right to publish the records of such breach on the website, and make other appropriate treatments, including but not limited to termination of Service, prohibition of the use of Achasoda.com permanently.
Termination
a. Ezone withholds the right to temporarily or permanently terminate your use of Service or refuse your accessing Achasoda.com for any of the following reasons where you:
i. Utilize Achasoda.com for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of Ezone or others.
ii. Utilize Achasoda.com to send or provided false information in connection with your member account or spam messages or repeatedly publish the same product information.
iii. Post any material to members that are not related to international trade or business cooperation.
iv. Impersonate or unlawfully use another person's or companies' name to post information or conduct business of any form.
v. Undertake any scheme to undermine the integrity of the computer or networks used by Achasoda.com and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks.
vi. Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
vii. Obtain by any means Achasoda.com member's username and/or password.
viii. Transfer the service of Achasoda.com (including but not limited to the member's username and password) or relevant business information obtained from Achasoda.com in any form.
b. Ezone reserves the right to terminate your Service, refuse your use of Service or refuse your accessing Achasoda.com at any time for any reason, at its sole discretion, with or without notice. When your use of the Service is charged, we're entitled to doing so based on reasonable suspicion and notification by email, and not responsible for the consequences (including any loss or damage) of the actions by doing so.
c. You will not be able to (a) use the website or the Service, (b) post, provide, send or publish information on the website, (c) allow others to post, provide, send or publish information on the website on your behalf. Your registration information or any other information you provided will be deleted or discard. We reserve the right to pursue your legal responsibilities for your breach of law.
Liability Disclaimer
a. Achasoda.com will not be liable for interruption to Service directly or indirectly as a result of acts of God, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on Achasoda.com may contain errors and our service is subject to periods of interruption. While Ezone does its best to maintain the services available on Achasoda.com, Ezone cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
b. Ezone provides the services on Achasoda.com "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
c. In no event shall Ezone be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Achasoda.com or from any members' use of services provided through this website, even if Achasoda.com has been advised of the possibility of such damages.
d. Achasoda.com has been translated into Japanese, French, Spanish, German, Portuguese, Italian, Russian, Korean, Arabic and Indian versions by translation software. Ezone isn’t responsible for the difference between English version and aforementioned other language versions of the website. If there is any conflict, the English version shall prevail.
e. If you are dissatisfied with Achasoda.com or any portion, your exclusive remedy shall be to cease using the website.
f. Ezone owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
g. In order to comply with laws, regulations, policies of other countries, which are always different, the content may be slightly different when users access from different countries. Ezone does not accept any responsibility for blocking the display of information’s which are violation of laws, regulations and policies of other countries.
Disclaimer of Warranties and Representations
Information displayed on this Website may be from a variety of sources. All data and/or information (including Overall Content) contained in this Website is provided for informational purposes only.
This Website and the Overall Content are made available "as is" and “as available”, without any representation or warranty of any kind, whether express, implied or statutory, given by Publisher and/or other relevant members of Ezone in conjunction with this Website and the Overall Content, including but not limited to:
a. A description or reference to a product or service in this Website (including any description or reference via hyperlink) does not imply endorsement by Publisher and/or other relevant members of Achasoda.com of that product or service;
b. Publisher and/or other relevant members of Achasoda.com do not make any representation or warranty as to the quality, accuracy, reliability, currency, suitability or lack of defects or deficiencies of any third-party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third-party websites or in or through this Website) and Third-Party Content;
c. Publisher and/or other relevant members of Achasoda.com shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies or any delays, defamation, libel, slander, misrepresentation, falsehood, obscenity, pornography, profanity, or any other objectionable, offensive, indecent or illegal material contained in any third party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third party websites or in or through this Website) and Third Party Content; and
d. Any representation or warranty that this Website and/or any of the Overall Content will be provided uninterrupted, secure or free from errors, omissions, computer viruses or other malicious, destructive or corrupting code, agent, program or macros, or that any identified defect will be corrected;
e. Any representation or warranty of the security of any Overall Content transmitted by or to Visitors through this Website;
f. Any representation or warranty that the Overall Content transmitted or received through this Website by Visitors will not be accessed by unauthorized third parties and/or disclosed by Publisher and/or other relevant members of Ezone or their directors, officers, employees, representatives or agents to third parties purporting to be such Visitors or purporting to act under such Visitors’ authority (and Publisher and/or other relevant members of Ezone neither endorse nor assume any responsibility for the contents of such Visitors’ transmissions or communications through this Website and such Visitors are solely responsible therefor); and
g. All representations and/or warranties, to the extent capable of being excluded under applicable law, are hereby expressly excluded by Publisher and/or other relevant members of Ezone, their licensors, dealers, distributors, representatives, agents, directors, officers and employees, and all third parties (if any) involved in the creation, production or delivery of this Website and/or any of the Overall Content.
In particular, but without prejudice to the generality of the foregoing, Publisher and/or other relevant members of Ezone their licensors, dealers, distributors, representatives, agents, directors, officers and employees, and all third parties (if any) involved in the creation, production or delivery of this Website and/or the Overall Content, make no representations or warranties as to (and Visitors assume the entire risk as to):-
a. Anything contained in, the performance of, or the results that may be obtained by using, this Website or any of the Overall Content;
b. The consequences in connection with the downloading, installing or using of any of the Overall Content transmitted through this Website;
c. The quality, accuracy, reliability or suitability for any purpose whatsoever of this Website or any of the Overall Content; and
d. The standing, credit or otherwise of any person or entity mentioned in this Website or in any of the Overall Content.
Security
Ezone adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using Achasoda.com and its related services. In addition, information published by other members will not be available to those members whose access to Achasoda.com has been terminated.
Indemnification
Visitors shall indemnify the Ezone Indemnitees against any Liabilities that may be suffered, sustained or incurred, directly or indirectly, by the Ezone Indemnitees as a result of, or arising from or in connection with: -
a. the Ezone Indemnitees having made available this Website or having entered into these Terms of Use with such Visitors; or
b. the enforcement of the Ezone Indemnitees’ rights under these Terms of Use; or
c. any action taken by the Ezone Indemnitees in reliance upon any instructions which such Visitors may give in relation to this Website or their access thereto or use thereof; or
d. any misrepresentation, negligence, fraud and/or misconduct, and/or any breach of these Terms of Use, by or on the part of such Visitors.
Waivers
Failure or delay of either party to insist at any time upon strict compliance with any provision herein, to exercise any right or remedy contained in these Terms of Use or to seek remedy of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other rights or remedies, or a bar to the exercise or enforcement at any subsequent time or times.
No waiver of any right under or any provision of these Terms of Use shall be valid or effective unless in writing signed by the party granting such waiver.
Any waiver of any right under or any provision of these Terms of Use shall not be deemed to be a waiver of any other right(s) under or any other provision(s) of these Terms of Use or of the same right or provision on another occasion.
Intellectual Property Rights
Ezone is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Ezone our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Ezone are hereby reserved.
Ezone may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
Copyright
All content included in or made available through any Ezone service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Ezone or its content suppliers and protected by Chinese and international copyright laws. the compilation of all content included in or made available through any Ezone service is the exclusive property of Ezone and protected by Chinese and international copyright laws.
Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ezone service are trademarks or trade dress of Ezone in the Pakistan and other countries. Ezone trademarks and trade dress may not be used in connection with any product or service that is not of Ezone in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ezone. All other trademarks not owned by Ezone that appear in any Ezone service is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ezone.
Patents
One or more patents owned by Ezone apply to the Ezone services and to the features and services accessible via the Ezone services. portions of the Ezone services operate under license of one or more patents.
Illegality
If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable ("Affected Provision"), then, to the maximum extent possible, such Affected Provision shall be modified and/or replaced by an equivalent legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as possible, the original intent of the Affected Provision. If, however, such modification or replacement is not possible, then (if and to the extent permissible) the Affected Provision shall be deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of, or the modification, replacement or severance of, the Affected Provision shall not in any way affect or impair the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
Jurisdiction
This Terms of Use Agreement and your use of the website shall be governed and construed by the laws of the Islamic Republic of Pakistan. Each party irrevocably agrees to be bound by any judgment rendered thereby in connection with this Terms of Use Agreement.