Terms and Conditions
1. GENERAL
1.1 Access and use of this internet site, Parts.millat.com.pk/mtlparts (the “Site” which expression shall include the Site’s related sub-domains, sites, mobile application, services and tools and shall hereinafter also be referred to as “we” / “us” / “our”) confers the status of a user upon visitors of the Site (the “User” hereinafter also referred to as “you” / “your”). The User agrees to be bound by these terms and conditions and any other policies of the Site that MTL publishes in the future (the “Terms and Conditions”).
1.2 The Site is established and owned by Millat Tractors Limited, a company incorporated under the laws of Pakistan having its registered office at P.O. Box No. 12023, Sheikhupura Road, Shahdara, Lahore and having registration number [·] (“MTL” which expression shall, wherever the context so permits, be deemed to mean and include its administrators, authorized representatives, successors-in-interest and permitted assigns).
1.3 We are an online purchasing service specializing in the sale of tractor parts and these are the terms and conditions governing your access and use of the Site. By using the Site, you hereby accept these Terms and Conditions (including any linked information) and represent that you agree to comply with these Terms and Conditions. These Terms and Conditions are deemed effective upon your use of the Site, which use shall constitute your acceptance of these terms. If you do not agree to be bound by these Terms and Conditions please do not access, register with or use this Site.
1.4 you acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site.
2. YOUR ACCOUNT
2.1 To access our services offered by the Site, we shall require that you create an account with us or provide personal information to complete the creation of an account. We may, at any time in our sole and absolute discretion, invalidate your username and/or password without giving any reason or prior notice to you and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
2.2 The personal information and data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the applicable laws and regulations. Beyond this, you are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
2.3 Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in the event that such details have changed. For information you are not able to update on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time, in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.
3. LICENSE TO ACCESS THE SITE
3.1 you agree that by accessing and using the Site, you confirm that you are legally authorised to enter into contracts in the jurisdiction governing these Terms and Conditions We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with these Terms and Conditions, for the purposes of shopping for the items listed to be sold on the Site. If you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms and Conditions and that you and the business entity will comply with all applicable laws relating to online trading in the jurisdiction governing these Terms and Conditions. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
3.2 We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3 This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
3.4 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
3.5 You agree and undertake not to perform restricted activities listed within this section. Undertaking these activities will result in an immediate cancellation of your account, services, orders or any existing incomplete transaction with us and in serious cases may also result in legal action:
· Refusal to comply with these Terms and Conditions or any other guidelines and policies related to the use of the Site as available on the Site at all times;
· Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
· Use the Site for illegal purposes;
· Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or services;
· Interfere with another’s utilization and enjoyment of the Site;
· Post, promote or transmit through the Site any prohibited materials as deemed illegal by the Islamic Republic of Pakistan;
· Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
4. CONTINUED AVAILABILITY OF THE SITE
4.1 We will use all reasonable efforts to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we shall not be liable for any losses, delays or inconvenience arising out of or in relation to such suspension or restriction in any form whatsoever.
5. YOUR CONDUCT
5.1 You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for the following purposes:
· For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
· to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is deceptive, misleading, in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or impersonates another person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
· Use the Site for illegal purposes; and
· For any other purposes that is other than what is intended by us.
6. TRADEMARKS AND COPYRIGHTS
6.1 MTL.pk, MTL logo, D for MTL logo, MTL, MTL Fashion, MTL Basics and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
6.2 All intellectual property rights over the Site and its content, whether registered or unregistered, including, but not limited to text, graphics, software, photos, industrial drawings, icons, video, music, sound, structure, buttons and any other symbols and their selection and arrangement, and all software compilations, underlying source code and shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
6.3 The reproduction, distribution and public communication, including making part or all of the content of the Site available for commercial purposes, in any medium and by any technical means, is strictly prohibited without the prior authorisation of MTL and may result in legal action being pursued against the infringing party.
6.4 Users agree to respect the intellectual and industrial property rights owned by MTL. Users may use the Site and their content for their own personal and private use and acknowledge that they do not acquire any ownership rights by downloading content from the Site. Any other use is prohibited and shall require the user to obtain the prior, express and written consent of MTL. Users shall refrain from deleting, altering, eluding or tampering with any protective device or security system installed on the Site.
7. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
7.1 MTL reserves the right, at its sole discretion, to modify the Site, its policies, these Terms and Conditions and any other publicly displayed condition or service promise at any time without any prior notice to the User. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The User’s continued use of this Site shall constitute acceptance by the User of such changes to the terms hereunder.
7.2 Changes will be effective as soon as they are posted on the Site with no other notice provided. It is the User’s responsibility to check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
8. OUR SOFTWARE AND RESPONSIBILITY DERIVED FROM USE OF THE SITE
8.1 Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site. All software used in any of our services is our property and/or our affiliates’ or software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws. (the “Software“).
8.2 You may use the Software solely for purposes of enabling you to use and enjoy our services as permitted by these Terms and Conditions and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any Terms and Conditions listed here or across the Site.
8.3 When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to separate policies, terms of use, and fees of these third parties.
8.4 You shall not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Software whether in whole or in part, or create any derivative works from or of the Software.
8.5 In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you and such Software updates may from time to time cause the Site to be unavailable or out of order.
8.6 MTL shall not, under any circumstances, be liable for any loss or damages of any nature that may occur, by way of example, as a result of: errors, omissions inaccuracy, incompleteness, incorrectness, unreliability, lack of integrity and quality of any content of the Site, unavailability, modification, suspension or withdrawal of the Site or any features or parts or content or the transmission of viruses or malware in the content, in spite of having adopted all the technological measures required to prevent this. It is Users’ responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy their particular requirements as to the safety and reliability of content.
9.1 Your order is a legal offer to MTL to buy the product displayed on our Site. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself.
9.2 If your order is dispatched in more than one package, you may receive separate dispatch confirmations. Upon time of placing the order, we indicate an approximate timeline that the processing of your order will take however we cannot guarantee this timeline to be rigorously precise for every order that is placed on the Site.
9.3 The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer sell. The acceptance of your order is considered confirmed when the relevant product invoice we have issued to you has been closed. MTL retains the right to limit the order quantity or cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or SMS. Any prepayments made in case of such cancellation(s), shall be refunded to you as per the following terms:
(i) Registered Users: If you are a User in possession of a legally valid and verifiable Sales Tax Registration Certificate under the laws of Pakistan, you are entitled to a full refund in the event that you wish to cancel an order you have placed on the Site, provided this is done within [·] days of placing your order(s) on the Site; or
(ii) Unregistered Users: If you are not in possession of a legally valid and verifiable Sales Tax Registration Certificate under the laws of Pakistan, we shall refund you the full product price only if such a refund is requested within thirty (30) days of your placing an order on the Site. However, if you wish to return a product beyond the prescribed one-month period, MTL shall deduct the relevant sales tax amount before refunding you the remainder of the product price.
9.4 you authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site. MTL may cancel an order wherein the quantities exceed the typical individual consumption in relation to any listed product. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at our sole discretion.
10. PRICING AND PAYMENT
10.1 All prices are listed in Pakistani Rupees and are inclusive of sales tax under the applicable laws. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is possible that an item’s price may increase or decrease between the time you place it in your basket and the time you purchase it.
10.2 We do not offer price matching for any items sold by any seller on other websites.
10.3 The pricing information of a product shall be the price that is indicated to you on the order pages of the Site when you place your order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply. We are under no obligation to sell the product(s) to you at an incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.
11. AVAILABILITY AND ORDER PROCESSING
11.1 The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. MTL reserves the right to discontinue any product at any time. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or SMS if any products you order turn out to be unavailable.
11.2 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
11.3 In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
12.1 When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
13. FEEDBACK
13.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (“Feedback“) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Feedback, when you post comments or reviews to the Site, you grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or Site Users as to the origin of any Feedback. We may, but shall not be obligated to, remove or edit any Feedback without any notice or legal course applicable to us in this regard.
13.2 We will treat any Feedback you provide to us as non-confidential and non-proprietary. you agree that you will not submit to the Site any information or ideas that you consider to be confidential or proprietary.
14. INDEMNITY
14.1 you agree to indemnify MTL (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms and Conditions, (c) your violation of applicable laws or regulations or (d) your User content. MTL reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. you agree not to settle any matter without MTL’s prior written consent. MTL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. LOSSES
15.1 We will not be responsible for any losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced use of the website.
16. TERMINATION
16.1 Subject to this Section, these Terms will remain in full force and effect while you use the Site. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of these Terms and Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You further agree that MTL shall not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User content.
17. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE
17.1 We reserve the right to make changes to the Site, its policies, these Terms and Conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and Terms and Conditions in force at the time you used the website unless any change to those policies or these Terms and Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remainder of these Terms and Conditions.
18. EVENTS BEYOND OUR CONTROL
18.1 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
18.2 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
18.3 A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
(i) Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(ii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(iii) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(iv) Impossibility of the use of public or private telecommunications networks.
(v) The acts, decrees, legislation, regulations or restrictions of any government.
(vi) Any shipping, postal or other relevant transport strike, failure or accidents.
18.4 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
19. WAIVER
19.1 you acknowledge and recognize that we reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated herein on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
19.2 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20. GOVERNING LAW AND JURISDICTION
20.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Lahore, Pakistan.