1. Terms of Use Agreement:
1.1 Concierge Pakistan LLC (“CPL”, “we”, or “us”) supports this web site (the “Site”) to provide information, recommendations, and concierge services (the “Services”).
1.2 The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the “Content”) available on the Site are set forth in this Terms of Use Agreement (“TOU”). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you (“you” or “your,” as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOU.
1.3 CPL may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at [https://www.conciergepakistan.com/terms-conditions/]. Use of the site or services after such changes have so taken effect constitutes acceptance of all changes.
1.4 You are obliged to provide correct details when you apply for registration on the Site and your failure to do so may invalidate your [registration/membership] and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify CPL in the event that any information provided by you changes.
1.5 The terms and conditions contained within our Refund Policy [https://www.conciergepakistan.com/refund-policy/] form an integral part of these TOU.
1.6 Any special conditions specified in respect of any particular Service will also form part of these TOU when CPL agrees to provide such Service to you.
1.7 Please also note that if CPL determines at any time that you have abused or violated any of these terms, conditions and guidelines, CPL reserves the right to terminate your access to the Site and Services immediately without notice.
2. User Name, Password and Security:
2.1 Access to and use of the Members only section [IA1] of the Site is through a combination of user name and password and is reserved exclusively for CPL Members. You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify CPL of any unauthorized use of your user name and password or any other breach of security related to the Site.
2.2 CPL will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password, or to otherwise comply with this section.
3. Eligibility:
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law.
4. Privacy
4.1 CPL knows how important privacy is to you and is committed to honoring your privacy. You can review CPL’s privacy policy, which is incorporated by reference into this TOU, at [[https://www.conciergepakistan.com/privacy-policy/].
4.2 In order to ensure that CPL is able to provide high quality services that are responsive to customer needs, CPL employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. CPL shall not disclose the existence or occurrence of such an investigation unless required by law.
5. Recommendations and Information:
CPL’s comments and recommendations presented on the Site or furnished in respect of any Services, are based on research and opinions collected by the CPL, and are subject to change at any time.
6. Service and Time for Performance
6.1 All requests for Services are subject to acceptance by CPL. Such acceptance will be confirmed by CPL after review of the Service request.
6.2 The timeline indicated for performance will commence upon acceptance of request for such Service or receipt of payment of payment (where advance payment is required), whichever occurs later.
6.3 The timelines for provision of Services is based on experience and assessment of the task involved. However where any Service involves any third party (including government or other public sector authorities) approval or process, the timelines can be significantly affected by the conduct of such third party. The timelines can also be adversely affected by events beyond our control like strikes, law and order situation, natural calamities, harsh or unusual weather condition, public utility breakdowns etc.,. We will, as soon as practically possible, keep you informed of any delays that may occur or likely to occur on such account.
6.4 CPL acts as a facilitator in Pakistan and cannot be held responsible for bureaucratic delays when dealing with government bodies, academic institutions, external agencies, public utility providers and any other public sector entities. All Service requests are accepted an on best effort basis only. The decision of CPL will be final and binding on this matter.
7. Links to Third-Party Sites
Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under CPL’s control, and CPL does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third-party linked sites or for any changes or updates to such sites. CPL does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.
8. General Disclaimer
The Site, all Third Party Linked Sites, and all Services, Content and materials provided in the Site, are provided to you on an “as is” and “as available” basis, and your use of such sites, services, content and materials is at your own risk. CPL disclaims all warranties whether express or implied including without limitation the warranty of merchantability, fitness for particular purpose, title, infringement, and quiet enjoyment.
9. Limitation of Liability
9.1 In no event will CPL, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, special, consequential, reliance, compensatory, or punitive damages or damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the Site, the Services available on the Site, any websites linked to the Site, the materials or information contained at the Site or the foregoing limitations of liability constitute a fundamental basis of this TOU and CPL would not have permitted you to use the Site or the Services without such limitations.
9.2 We shall not be liable for any failure or delay in performance of any Service which is caused by circumstances beyond our reasonable control including without limitation any event of force majeure, any delay or non-performance by any third party (including government departments and any public sector entity or authority), and any labour disputes between us and our employees or service providers.
9.3 Our liability under or in connection with these TOU, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the fee paid to us.
10. Prohibited Uses
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:
(a) use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
(b) harass others by “mail-bombing” or “news-bombing”;
(c) threaten, harass, defame, embarrass or distress any other person or group;
(d) distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
(e) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic;
(f) post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
(g) post, send or relay any unsolicited advertising;
(h) post or send any chain letters or pyramid schemes;
(i) post or send any fraudulent or misleading offers of products, items, loans, or other services;
(j) post any misleading, inaccurate or fraudulent information;
(k) post any junk e-mails;
(l) post any duplicative or unsolicited messages;
(m) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(n) create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
(o) attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.
11. Termination
CPL may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. CPL may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
12. Proprietary Rights
12.1 Software. You acknowledge and agree that the Service and any CPL software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or telephone access numbers that may be provided by CPL for use in accessing the Service.
12.2 Trademarks. The trademarks appearing on the Site, including those of CPL, are the property of their respective owners. CPL’s trademarks may be used only with the express written permission of CPL. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by CPL are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by CPL. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
13.3 Copyright. All materials on the Site are copyrighted and are protected under national law, as well as international treaties and the copyright laws of other countries. CPL’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without CPL’s express written permission except that you may download one copy of the Content for your personal, non-commercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by CPL.
13. Indemnity
You agree to indemnify, defend at your expense and hold harmless CPL, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, counsel’s fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, e-mail, transmit, or relay either to CPL or by use of the Services or the Site, (iii) your violation of the TOU, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.
14. Notice
All notices to a party shall be in writing and shall be made either via e-mail, registered post or recognized courier services. Notice shall be deemed to have been given 24 hours after an e-mail that is not returned to the sender is sent, or a fax that has been successfully transmitted, or 7 days after deposit with the postal service, or 3 days after deposit with a recognized courier service, to you at the address provided by you upon registration and to CPL at the address set forth below:
Address:
Attn:
15. Changes to Site and Services
CPL reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. CPL may also impose limits on features or restrict access to parts of the Site.
16. Applicable Laws and Jurisdiction
16.1 Both you and CPL agree that the statutes and laws of Pakistan, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the Site or Services.
16.2 For any dispute arising in connection with these TOU, you, for the benefit of CPL, irrevocably consent to the jurisdiction and venue of the courts at Karachi, Pakistan and you will not commence an action or proceeding relating to the subject matter of these TOU in any other jurisdiction.
17. General Terms
17.1 Severability. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
17.2 Assignment. This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
17.3 Waiver. If CPL fails to insist upon or enforce strict performance of any provision or right under these TOU, it will not be construed as a waiver of any provision or right; rather, the same will be and remain in full force and effect. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by CPL.
17.4 Governing language. It is the express wish of the parties that these TOU be drawn up in English and notwithstanding any information given in the Site in any other language the English version of these TOU shall govern the relationship between you and CPL.
17.5 Independent Contractor. These TOU will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party. CPL shall have no fiduciary or other similar obligations towards you.
17.6 Compliance With Laws. You will comply at your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from your use of the Site, Content, Services or Third Party Linked Sites.
17.7 Entire Agreement. The TOU together with the terms incorporated herein by reference constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
18. Privacy Policy
CPL is committed to protect the privacy of all its customers. CPL hereby assures and promises its customers that:
It shall safeguard, in accordance with strict standards of security and confidentiality, any and all information that is provided to CPL by its customers.
It shall limit the collection and use of customer’s information to the minimum that would be required in order to deliver effective and quality services to its customers and deliver a truly personalized service experience.
CPL shall permit only authorized employees/personnel, who are trained in the proper handling of customer information, to have access to customer’s information, on a need to know basis.
CPL will permit only authorized Service Providers and other external organizations like courier companies, who provide support services to have access to customer’s information, on a need to know basis.
Employees, Services Providers, and/or other external organizations, who violate our confidentiality requirements, will be dealt with in accordance with the contracts governing their respective relationships with CPL
When you register with our service or order a service from CPL, you have the option of receiving e-mails regarding updates about special offers and new services including any significant upgrades to CPL or its associated services.
CPL is also bound to cooperate fully should a situation arise where it is required by law or legal process to provide information about a customer. CPL may also share non-personal, non-individual statistical or demographic information in aggregate form with our marketing partners, advertisers or other third-parties for research and advertising purposes.