A. Terms Of Use

B. Customer Terms & Conditions

The Site is a marketplace for independent third-party sellers (each a "Seller" with their own shop ("Seller Shop")) to sell Products to you.

Please note that although Tijarat provides the marketplace to help facilitate transactions, which are carried out through the Site, Tijarat is neither a buyer nor a seller of the Products. Therefore, Tijarat recommends that before placing an order you make sure that you are happy with the Terms and the Seller you are dealing with as Tijarat cannot give any guarantee or warranty as to the Products supplied by the Seller.

These Terms and the Additional Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read them carefully and make sure that you understand them, before ordering any Products from the Site. If there is any discrepancy between these Terms and the Additional Terms, the provision in these Terms will apply and you should disregard the alternative provision in the Additional Terms.

1. Information about Sellers

Information on each Seller including the seller account name are available on the Seller Shop page.

2. Products

- The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site are approximate only. If any material discrepancy comes to light after you have placed an order, we give you the option to cancel your order with the seller (in which case seller must consider issuing full refund if the item has not been shipped yet.)

- The packaging of the Products may vary from that shown on images on the Site.

- All Products shown on the Site are subject to availability. Seller will inform you by email as soon as possible if the Product you have ordered is not available and seller will process a refund of the full amount as soon as practicably possible.

3. Use of this Site

- Your use of the Site is governed by Tijarat Terms of Use.. 

- If you post or publish any content on the Site you agree that:

-           any feedback on Sellers or Products which you to post or publish will comply with Tijarat's Terms of Use.; and

-           you will not post or publish any content which is libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way.

- Due to the volume of Sellers and Products on the Site Tijarat is unable to review all the feedback/content submitted. Therefore, please let Tijarat know of any defamatory, illegal or offensive posts immediately by contacting Tijarat via email at support@tijarat.com. Tijarat will then review these and take the appropriate action.

You acknowledge and accept that your failure to use the Site in accordance with the Tijarat Terms of Website Use. may result in your access to the Site being blocked.

4. How Tijarat uses your personal information

Your personal information will be used in accordance with the Tijarat Privacy Policy.. Please take the time to read this document, as it includes important information which applies to you.

5. If you are a consumer

- As a consumer, you may only purchase Products from the Site if you are at least 18 years old.

- Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that Product in the country in which we operate.

- You acknowledge and accept that we may perform proof of age checks when you make an order for a Product. Please note that in proceeding to order a Product through the Site, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order Products through the Site.

- As a consumer, you have legal rights in relation to Products that are faulty or not as described. 

6. If you are a business customer

- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.

- These Terms and the Additional Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and the Additional Terms.

7. How the Contract Is formed between you and seller

- In order to make a purchase on the site, you will need to create a User account.

- The order process on the Site allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.

- After you place an order, you will receive an email from Tijarat acknowledging receipt of your order ("Order Confirmation"). 

- The Contract to dispatch the item is between you and seller. 

- If seller is unable to supply you with a Product (for example because that Product is not in stock, no longer available), seller will inform you of this by email and we will process a refund of the full amount as soon as practicably possible.

8. Right to vary these Terms

- These Terms may be updated from time to time.

- Every time you order Products from us, the version of these Terms in force at that time will apply to the Contract between you and us.

- Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.

9. Consumer rights of return and refund

- “Tijarat does not guarantee or provide warranty for any product as we don’t sell any product ourselves”. Third party sellers are responsible for the quality and timely delivery of the product. However as a consumer, you can request replacement from the seller. As such, the Products must not be:

-           of satisfactory quality, i.e. faulty or damaged;

-           as described, i.e. the Products must match their description.

-           Return or Cancellation requests must be handled between the seller and the buyer. In case of unsatisfactory resolution or no resolution please contact us with complaints about sellers or buyers, we will investigate and if seller is proven to have committed dishonesty and cheated the buyer, then we will cancel the account of that seller. Same applies to the buyers, if complaints of abusive or non-paying buyers are proven then those users (buyers) will be banned from using the site. Contact us at support@tijarat.com

10. Delivery

- Your order will be fulfilled by the seller by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Seller’s Control. If seller is unable to meet the estimated delivery date because of an Event Outside his/her Control, he/she may contact you with a revised estimated delivery date.

- Delivery will be completed when we deliver the Products to the address you gave us.

- The Products will be your responsibility from the completion of delivery.

- You own the Products once they have been delivered to you.

11. International delivery

- Sellers may deliver to the countries outside Pakistan. However there are restrictions on some Products for certain Delivery Destinations, additional shipping costs may incur and will be added to the overall order price. So please review the information carefully before ordering Products.

- If you order Products from the Site for delivery outside Pakistan, your order may be subject to import duties and taxes which are applied when the delivery reaches its destination. 

- You must comply with all applicable laws and regulations in the Delivery Destination. Seller will not be liable or responsible if you break any such law or regulation.

12. Prices and delivery charges

- The prices of the Products will be as quoted on the Site from time to time. The currency will be displayed in the currency of the Pakistan which is Rupee.

- Prices for Products may change from time to time, but changes will not affect any order which have been confirmed.

- The final price of a Product includes sales tax or other applicable tax.

- The final price of a Product does include delivery charges. 

- The Site contains a large number of Products. We and Tijarat take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system and we normally check prices as part of our dispatch procedures. However it is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced:

- If the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

- Whenever a pricing error is discovered, we will treat the order as cancelled and notify you in writing.

13. Payments options

- You can pay for Products using Cash on Delivery (option), Easy Paisa or Jazzcash. 

- Payment for the Products and all applicable delivery charges is in advance except the Cash on Delivery option. After the payment is received (with Easy Paisa or Jazzcash), seller will dispatch your Products using the shipping method you selected on purchase. For Cash on Delivery option, seller will dispatch your Products using the shipping method you selected on purchase with payment to be given to the courier in full before delivery of the item.

14. Manufacturers' guarantees

- Some of the Products come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

15. Limitations on our Liability

- As expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms are the sole responsibility of the seller and seller only. 

C. Seller Terms & Conditions

1. Acceptance Of Terms

-  These provisions set out the terms and conditions ("Terms") on which you (the "Seller", “you ” and "your ") may become a member of the Tijarat website ("Site") to sell products which must not be Prohibited Products (as per law) to customers of the Site ("Customers ").

- Your use of the Site is governed by these Terms, Tijarat Terms of Website Use and by Tijarat Policy.. Please take the time to read this document, as it may include important terms which apply to you.

- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. About Us

- The Site is operated by Tijarat LLC (California, USA: EIN # 87-1873424 ) as Tijarat.com ("Tijarat ", "us ", "we " and "our"). To contact us, please see our Contact Us. page.

3. Overview Of Roles

- Tijarat allows Sellers to list and sell their Products on the Site contracting on terms which include, as a minimum, the Tijarat Customer Terms. Please note that although Tijarat facilitates the transactions which are carried out through the Site, Tijarat is neither a buyer nor a seller of the Products and does not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Products.

- Where a Customer orders a Product through the Site, the contract is formed solely between the Seller and the Customer at the completion of the sale. A Contract will comprise the Seller’s terms (which include, as a minimum, the Tijarat Customer Terms), the email confirmation of the Customer's order and the information on the Seller's account. Tijarat isnot a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is Tijarat acting as the Seller's agent.

- The Terms (and the documents referred to in them) may be updated from time to time. Tijarat will give the Seller prior written notice of such changes but please check these Terms every time you wish to use our Site to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 20th October 2021.

-  Seller details are displayed on the Site on the Seller's Shop (linked to from the Product pages).

4. Process

- During the registration process the Seller will be asked to provide identification information including National Identification Card number (for the sellers country), home address, mobile phone number and a clear picture of the front side of the National Identification Card with the card number, name and picture clearly visible, this is done to provide security to our users and to prevent any fraudulent activity on the site. Despite all the checks we do at Tijarat during registration process there still could be criminal elements who will be able to evade all our checks, Tijarat however will take no responsibility for the cheating or fraud done by these criminals, we will investigate all complaints against abusive users and will ban cheats, frauds and abusive people from the site permanently.

- Once the Seller has successfully completed the application process and account has been approved by the admin, Seller will be given full control to their own dedicated area under Seller Dashboard. There the Seller can upload, update and review detailed Listing Information for its Products (photos, text, shipping methods etc.). Orders will be logged into the dashboard. From here, the Seller will be able to manage Customer orders, view and print sales history between the Seller and Tijarat, update and manage stock levels, view performance reports, manage their seller account. All financials and transactions will be stored in the Seller Dashboard.

- The Seller will then be able to either create a new Listing or use an existing Listing to list their Products.

- Tijarat may restrict the Seller's access to the Seller Dashboard in the following circumstances:

-           on termination of the Seller’s membership of the Site;

-           if the Seller fails to dispatch orders and Tijarat, having made reasonable attempts to contact the Seller, believes that the Seller is inactive;

-           if Tijarat, having made reasonable attempts to contact the Seller, otherwise believes that the Seller is inactive;

-           if Tijarat has reasonable grounds to believe that the Seller is using the Site to sell counterfeit goods or is otherwise infringing the intellectual property or proprietary rights of any third party;

-           if the Seller has a high rate of cancellations or refunds or is failing to deal with Customers’ queries or complaints;

-           if there are other issues with the Seller’s listings which Tijarat believes could give rise to issues with Customers; or

-           in which case the Seller will not have access to the Seller Dashboard and may contact us to review his case at: support @tijarat.com

5. Commencement And Duration

- The Seller's membership will commence on the later of:

-           the Seller having confirmed their acceptance of these Terms; and

-           the date on which we have approved the Seller's application, and granted the Seller full access to the Seller Dashboard.

(“Commencement Date”) and shall continue unless and until terminated by the seller or Tijarat.

6. Membership And Charges

- Currently membership is free.  (Oct 27^th 2021). Financial model may change in future.

7. Seller Commitments And Order Processing

- In signing up to these Terms, the Seller commits to:

-           sell Products on terms which include, as a minimum, the  Tijarat Customer Terms;

-           supply only Products that can be delivered to the Customer within the Timeframes stated on product detail page.

-           be solely responsible and bear all risk and liability for sourcing, storing, selling and delivering the Products to the Customers using reasonable skill and care;

-           indemnify Tijarat against all liabilities, claims, actions, proceedings, costs, expenses,  damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Tijarat arising out of or in connection with any claims related to a breach of clauses mentioned above.

-           take responsibility for the accuracy and detail of all Product information (including Product descriptions, images, measurements, condition and any other supplementary information about the Products) as well as the price which the Products are sold at ("Product Sale Price ") along with stock value (the total amount of stock that Seller has available for Tijarat Customers to purchase) and the Seller's SKU (Stock keeping Unit) of the product (“Listing Information”), ensuring that this information is detailed in a listing on the Seller Dashboard ("Listing"). You agree that you are responsible for the accuracy of the information provided in a Listing whether you are creating the Listing or using an existing Listing;

-           promptly notify Tijarat of any inaccuracy in any Listing and how the inaccuracy should be corrected, and use all reasonable endeavours to resolve promptly any Customer complaints arising from any such inaccuracy;

-           indemnify Tijarat against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Tijarat arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the Products sold on the Site or Listing Information;

-           ensure that it does not misrepresent the origin of the Products through any description made of the Products via the Seller Dashboard whether contained in a Listing or otherwise;

-           ensure that all postage costs and additional postage costs displayed through the Site are accurate;

-           ensure the Products are of satisfactory quality;

-           ensure the photographic quality of the Products is high and have a white background colour where possible. We recommend using professional photographs but this is not essential;

-           use reasonable endeavours to respond to order enquires with Tijarat or Customers in a timely manner (immediately, if possible, at least within 1 Working Day) .

-           ensure that they keep up to date with the Seller Dashboard on a daily basis, tracking orders, updating dispatches and orders and responding promptly to Customers requesting a return or raising a Dispute.

-           ensure stock levels are accurate in all material respects (and available);

-           prepare a suitable invoice for each order and ensure that this is sent to the Customer when requested;

-           respond within 24 hours of receiving an order.

-           respond within 24 hours of receiving an offer on items listed with options of “Make an offer”. Failure to respond to offers within 24 hours, three times in a year will result in suspension or cancellation of seller’s account.

-           keep the status of an order updated in the seller’s dashboard’s “orders” section to either Accepted, Shipped, Delivered or Cancelled within 24 hours of the order’s status changes.

-           update the status of a product to “Delivered” within 24 hours of completion of delivery to the buyer. Failure to update the status of a product within 24 hours of product delivery, three times in a year will result in suspension or cancellation of seller’s account.

-           ensure that where a Product should not be sold to Customers under a certain age, that the minimum age for that Product is correctly entered into the Seller Dashboard (where applicable);

-           indemnify Tijarat against all liabilities, costs, claims, actions, proceedings, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Tijarat arising out of or in connection with any claims related to a breach of clauses above.

-           refrain from selling any Prohibited Products.

-           refrain from uploading offensive or nude images or material or otherwise breaching Tijarat's Terms of Website Use;

-           indemnify Tijarat against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Tijarat arising out of or in connection with any claims related to a breach of clauses above.

-           refrain from using the Site as an advertising portal, other than in listing the Products which you are selling and permitted to sell under these Terms;

-           ensure any issues that the Seller wishes to raise with Tijarat with regards to the Site are communicated to Tijarat via a support ticket in Tijarat’s Support Centre or, if the Support Centre is not working by email to support@tijarat.com;

-           not encourage direct communication with the Customer through the use of their own email address, only the Seller Dashboard;

-           not to use the Site to communicate with Customers with the intention of directly enticing them to purchase the Products directly from you in competition with the Site;

-           comply with all relevant legislations in Pakistan

-           ensure that the transactions entered into with Customers are lawful in Pakistan and the jurisdiction in which delivery is to be made to the Customer.

-           not export, directly or indirectly, any products in breach of any applicable laws or regulations to any country for which the government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval;

-           comply with the policies of Tijarat on matters including but not limited to international trade as the same may be notified in writing to the Seller by Tijarat from time to time;

-           be solely responsible for the collection and payment of all taxes due in connection with the Products sold by the Seller via the Site. Tijarat shall not be responsible for collecting taxes from Customers on the Seller’s behalf; and

-           refrain from selling products which infringe the intellectual property or proprietary rights of any third party.

  Promotion of the Seller's own website

-           The Seller may not include a link to, or otherwise provide the address of, or promote, its (or any third party's) website on the Seller Dashboard, any Product or Listing on the Site, in orders shipped that were placed by the Customer on Tijarat, or in any other means of communication with the Customer.

-           The Seller may not include its email address anywhere on the Tijarat Site, Seller Dashboard or Listing or in any other means of communication with the Customer.

-            The Seller may not bid on Tijarat's name, or variations of the Tijarat brand or domain name or brand name, on Google or any other search engines, or any paid search sites.

-           The Seller acknowledges and accepts that 'Tijarat' is a trade mark of Tijarat LLC and no rights or licenses are granted to any Seller in this respect.

-           The Seller may not send promotional emails or catalogues or other promotional material to Customers introduced to the Seller by Tijarat, other than those which are branded solely as from Tijarat or to discuss an order placed on the Tijarat Site.

   Security

-           The Seller shall be solely responsible for procuring, maintaining and securing its network connections and telecommunications links at its own cost.

-           The Seller shall use its own virus protection software and shall not knowingly access, store, distribute or transmit any viruses or knowingly introduce or permit the introduction of any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful during the course of its use of the Site.

-           The Seller must ensure its username and password logins are kept safe and not accessed by any other party. If these details are lost or the Seller becomes aware that they have been accessed by any other party the Seller must contact Tijarat immediately via the Site for new passwords.

Pricing and Order Processing Information

-           Product Sale Prices should be inclusive of any applicable taxes and will be deemed to be so (if applicable to the Seller and such applicability is to be solely determined by the Seller and not the responsibility of Tijarat);

The Seller acknowledges and accepts that:

-           it will comply with all clauses of the  Tijarat Customer Terms in relation to incorrectly priced Products;

-           where the Seller has updated the price of a Product or Products, the updated price may take up to 2 hours to display on the Site; and

-           where packaging and postage costs were not correctly inputted into the Seller Dashboard, the Seller has no right to pursue the Customer for additional payments once the Customer has placed the order.

-           Tijarat may discount Products for the purposes of marketing activities. Any pricing changes actioned by Tijarat will not be deducted from the Seller’s payments.

-           Product Sale Prices can be added to the Site using the Seller Dashboard.

-  Once the Seller has received an order through the Seller Dashboard the Seller may accept the order and if it does:

-           is obliged to fulfil and dispatch the Customer order as soon as reasonably practicable and for receipt within the following timeframes ("Timeframes") which run from the point the Seller's handling time ("Handling Time") expires or, if no Handling Time is set, the point the order is submitted by the Customer through the Site:

Designated delivery Timeframes 

-           Orders must be dispatched within the Seller's Handling Time, which can be set in the Seller Dashboard for a maximum of 10 (ten) Working Days.

-           Priority orders must be dispatched on the same Working Day if ordered before the priority cut off time set in the Seller Dashboard.

-           must notify the Customer promptly through the Seller Dashboard at each of the following stages:

-           dispatch of order; and any enquiries relating to the order or delivery which will be dealt with through the Seller Dashboard.

-           Seller acknowledges and agrees that Tijarat reserves the right to refund the Customer's payment for an order if the Seller doesn't meet the Timeframes for handling that order as detailed above.

-           The Seller only accepts a Customer order on dispatching the Product to the Customer. 

-           Where a Seller has not accepted an order as described above or where the Seller has rejected or deemed to have rejected an order, Tijarat shall be entitled to refund the Customer's payment for that order.

-           The Seller must include with all orders the appropriate invoice (if requested by the Customer).

-           The Seller must not include any other materials (other than packaging) with the package or order delivered to the Customer which are likely to have a commercially detrimental effect on Tijarat, the Site or the Tijarat brand.

Delivery/post and packing

-            A range of shipping options will be available for the Seller to choose to display on the Seller's Seller Dashboard area. The Seller will be responsible for selecting which options shall apply. The Seller may choose to offer any appropriate option for the Seller's Products and may choose from free shipping, flat rate shipping, weight based shipping or multiple shipping costs where multiple Products have been ordered within the same order.

-           If additional packaging and postage costs apply to the Seller's Products, where for example the Products are heavy, fragile, bulky or precious or perishable, the Seller is responsible for ensuring that these costs are considered on their Listing in the Product Sale Price.

-           The Seller must ensure that they select the shipping options from the Seller Dashboard that apply to their Product, and once an order is made, they must ensure they send it according to the postage/shipping method selected by the Customer, or better. The Seller is responsible for the shipping and liable for any losses in the post including any non-delivery, mis-delivery, late delivery, theft or other error or mistake in connection with Products ordered through the Site.

-           The Seller must ensure that the Product is wrapped in a professional manner suitable for the Product. The wrapping must be appropriate for the Product (for example without limitation (a) delicate items should be wrapped in bubble packaging.

-           The Seller must ensure that all customs and import duties are to be pre-paid for Products being delivered to addresses outside Pakistan. The Customer is not responsible for the customs and import duties: the price shown for Products on the Site (along with any applicable delivery charges) is the price the Customer pays.

Returns and Refunds

- In case of delivery of faulty product or late delivery of product or non-delivery of the product the seller owns full responsibility of satisfying the customer whether it includes replacing the faulty item or issuing refund or accepting cancellation in case of late delivery or non-delivery. If late delivery is due to reasons beyond sellers control then solution should be discussed directly with the customer. Tijarat owns no liability of loss incurred to the seller or buyer.

-           "Dispute" means a dispute raised by a Customer if a Product is faulty, mis-described, damaged, not delivered or not delivered on time.

-  If the Customer ends their contract with the Seller and requires a refund because a Product is faulty or misdescribed or because they have a legal right to do so as a result of something the Seller has done wrong, the Seller shall either (at its discretion) (1) pay the costs incurred by the Customer in returning the Product to the Seller or (2) arrange for collection of the Product at the Seller’s cost and refund to the Customer the full cost of the Product and the delivery charges. Any refund made shall be processed by the Seller as soon as possible (usually within 3 Working Days of the date of return or collection).

Payments

-  Payments for Products on the Site shall be made directly by a Customer to the Seller using EasyPaisa or Jazzcash and in case of Cash on Delivery option, needs to pay the courier before the item is handed over to the buyer. Transactions shall be recorded on the Seller's designated Seller Dashboard. The Seller must check the Seller Dashboard daily for alerts of new orders.

- Once the Customer has submitted their order through the Site, seller will change the status of that order as “Processing” in the “Seller Dashboard” and after the item has been delivered and payment received then the seller will update the status of that order as “Completed”.

- Tijarat shall notify the Seller by email of orders awaiting dispatch in their Seller Dashboard, but Tijarat does not warrant the reliability of email communications.

-  Following receipt of such notification, the Seller shall process each and every order it accepts in accordance with the Timeframes, using the Seller's Seller Dashboard access. Upon dispatch of each order, the Seller shall further confirm this with the Customer.<>&nbsp;</>

8. Limitation Of Liability And Indemnity

- Tijarat will not be liable to you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any loss of profit, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or contracts, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and

- Tijarat assumes no liability in relation to the Products. It is your responsibility to take out the relevant insurance necessary to cover the cost of the Products you are supplying to Customers in the event that they are lost or damaged in transit.

- Except as set out in these Terms, all warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded.

- The Seller shall indemnify and hold Tijarat harmless against all liabilities, claims, actions, proceedings, expenses, damages, losses and costs (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller's use of the Site.

- From time to time, it will be necessary for Tijarat to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times which are least likely to inconvenience our Sellers and Customers, and we will always try to notify Sellers of any planned maintenance, we shall have no liability to you for loss of profits or any other losses caused by maintenance carried out on the Site or downtime of the Site.

9. Termination

- Without limiting each party’s other rights or remedies available to it, each party may terminate the Seller’s membership of the Site with immediate effect by giving written/email notice to the other party if:

-           the other party commits a material breach of any other terms of these Terms which breach is irremediable or (if such breach is remediable) fail to remedy that breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

-           the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with having the intention or ability to give effect to these Terms;

-           the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to these Terms is in jeopardy;

-           the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits its inability to pay its debts or is deemed unable to pay its debts.

-           

- the other party suspends or ceases, or threatens to suspend or cease, to carry all or a substantial part of its business.

- Without limiting our other rights or remedies, we shall have the right to immediately suspend your access or grant you only Restricted Access to the Seller Dashboard if you commit a material breach of all clauses or any other provision of these Terms.

10. Consequences Of Termination

On termination of your membership of the Site:

- if Tijarat terminates your membership of the Site, all sums due to Tijarat in accordance with these Terms shall become immediately due and payable;

- if Tijarat terminates your membership in accordance with above clauses, you shall continue to pay to us all of our outstanding Fees, any other applicable fees and any other amounts which are properly owed to us together with any applicable taxes in accordance with these Terms;

-           you shall ensure that all orders placed before termination are fulfilled where your level of access to the Seller Dashboard permits you to do so;

-           you shall return to us any property which belongs to us. Until such property has been returned, you shall be solely responsible for its safe keeping and will not use it for any purpose;

-           the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of these Terms shall not be affected or prejudiced. This includes the right to claim damages in respect of any breach which existed at or before the date of termination or expiry;

-           all licenses granted under these Terms will expire on termination.

-           clauses which expressly or by implication have effect after termination shall continue in full force and effect; and

-           you acknowledge and accept that we reserve the right to pass your contact details to a Customer where, on termination of these Terms, there remain any Disputes or issues which are unresolved between you and the Customer.

11. Confidentiality

-  Tijarat will take all precautions to securely store all of the Seller's Product and business information and will not share this with any third party, unless specific permission is granted by the Seller.

- Neither party will disclose any details of the other party’s correspondence or operations (including the operations of the Seller Dashboard and marketing plans) to any third parties, except its group companies and employees, workers, consultants, agents, or representatives that have a genuine need to know that information in connection with the implementation of these Terms (“Permitted Recipients”) provided that the disclosing party informs those Permitted Recipients of the confidential nature of the information before it is disclosed.

- The obligations of confidentiality under these Terms shall remain in effect for 5 (five) years after the termination or expiry of these Terms.

12. Intellectual Property Rights

- The copyright, design rights, and all other intellectual property rights in the Site and in any materials and other documents or items that we prepare or produce in any form whatsoever in connection with the Site (“Documentation”) will belong to us absolutely.

- You may not use the Documentation without Tijarat's prior written consent.

- You acknowledge and accept that the copyright, design rights, and all other intellectual property rights in a Listing will belong to us absolutely or have been licensed to us. Listing a Product against a Listing does not grant you any intellectual property rights in that Listing.

- We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right to use each Listing for the sole purpose of advertising the Products which you sell through the Site.

- Except as expressly stated in clause above, these Terms do not grant the Seller any rights to, under or in, any copyright, designs, patents, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site or any of our Documentation.

- Tijarat represents, undertakes, and warrants that it is the legal beneficial owner of all intellectual property on the Site (including without limitation the Seller Dashboard) or has an irrevocable license to use such intellectual property for the purposes for which it is used. Tijarat shall indemnify the Seller and hold the Seller harmless against any and all damages, liabilities, costs, expenses, and losses arising out of or relating to any non-compliance or breach of this clause 

- Tijarat acknowledges and agrees that the relevant clause shall not apply in relation to this indemnity.

- Your name, logo, and all other intellectual property rights that relate to you (including those in any materials and other documents or items that we prepare or produce in connection with the Site) will belong to you absolutely.

13.  Seller's IPR Warranty And Indemnity

- The Seller warrants to Tijarat that it is the legal beneficial owner of all the IPR and/or possesses a valid license to use the materials which it provides or uploads to the Site including the data, information (for example Listing Information and Seller Information), photographs, logos and images and the use of any such materials by Tijarat pursuant to these Terms will not infringe the IPR of any third party.

- The Seller shall indemnify Tijarat and hold Tijarat harmless against any and all claims, actions, proceedings, damages, liabilities, costs, expenses, and losses (including without limitation court costs and reasonable legal fees) arising out of or relating to any non-compliance or breach of this clause 13.

-  For the purposes of these Terms, "IPR "shall mean patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in set-up, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in computer software, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

14. Law And Jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by Pakistani law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the Islamic Republic of Pakistan.