Terms & Conditions
TERMS & CONDITIONS
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “we”, “us” and “our” shall mean Smob Pakistan, its franchiser, affiliates, and partners.
Introduction:
Smob.pk website (“Website”) is an Internet based content and e-commerce portal operated by Smob Pakistan, a company registered under the laws of Pakistan. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Smob.pk at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will create a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Smob.pk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smob.pk cannot and will not be liable for any loss or damage arising from your failure to comply with complies with our TOS.
Services Offered:
Smob.pk provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing, mobiles, and accessories from various brands.
(Collectively, “Products”). Upon placing an order, Smob.pk shall ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of Smob.pk the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Smob.pk name is clearly stated as the source and prior written permission of Smob.pk is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside Pakistan;
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Smob.pk.
Exactness Not Guaranteed:
Smob.pk hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations or may vary in colors as compared to the image shown on product display in online catalog.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, respective brand owners in most cases and Smob.pk in some cases, owns certain Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Smob.pk without obtaining authorization from Smob.pk.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Smob.pk or the Website and Smob.pk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smob.pk is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Smob.pk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smob.pk or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
Smob.pk has endeavored to ensure that all the information on the Website is correct, but Smob.pk neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Smob.pk be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Smob.pk be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Smob.pk shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Smob.pk control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless Theta Solutions and its D.B.A. Smob.pk and our group websites from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Smob.pk that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in PAK Rupees. Prices, products, and Services may change at Smob.pk discretion without prior notice.
Shipping:
Title and risk of loss for all products ordered by you shall pass on to you upon Smob.pk shipment to the shipping carrier / courier service.
Termination:
Smob.pk may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Smob.pk terminates your use of the Website or any Service, Smob.pk may delete any content or other materials relating to your use of the Service and Smob.pk will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Governing Law:
These terms shall be governed by and constructed in accordance with the laws of Pakistan without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Sialkot.
Headings:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Smob.pk does not review the contents in any way before they appear on the Website. Smob.pk does not verify, endorse, or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]. What we do about mispricing despite our best efforts, a small number of the many hundreds of items in our catalog could be mis-priced. However, we verify prices as part of our dispatch procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and send you the item. If a product’s correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. Terms for Promotions/Contests/Offers/Campaigns
Special Offers/ Contest Wins / Sale Promotions
Winners of specific contests can use their coupons in the sale. Multiple coupons may not be redeemed against a single order. Sale discounts apply to Smobed items only.
Promotional offers and discounts may be combined only at the discretion of Smob.pk. All offers are non-transferable and have no cash value. Smob.pk reserves the right to extend or terminate the offers/sale, without further information at any point of time.
In case of any query pertaining to use of coupon and/or credit note or regarding the sale/offers, please email at [email protected].
General Terms for Offers and Promotions
Discounts will be applied to the total merchandise value including applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
3. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a cheque/online bank transfers).
Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.6. Smob.pk shall introduce various offers, schemes, or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
Smob.pk reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Smob.pk, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email at [email protected] While participating in any Smob.pk contest you hereby agree to release and hold Smob.pk (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
Disclaimer:
It is the customer’s responsibility to login earlier if they want to avail better products or styles because Smob.pk sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.