By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
WHAT IS SHAHALMi online?
The ethos of SHAHALMi ONLine marketplace is to provide a platform to support emerging and established trading businesses. SHAHALMi ONLine is website which provides a platform for trading which are small businesses selling their own label, vintage collections or multi brands.
SHAHALMi ONLine marketplace meets the needs of the customer by providing a place to discover unique brands and vintage products from traders. We reserve the right to remove sellers that do not fall within this framework at any time.
SHAHALMi ONLine marketplace supports sellers that have collected products and are selling via their trading. SHAHALMi ONLine supports independent labels that are small businesses, and SHAHALMi ONLine supports multi-brand traders that may possibly have their own store and are looking to diversify their selling options. In essence we support sellers that have a legitimate business and are taking business seriously.
SHAHALMi ONLine marketplace supports creativity and small businesses. SHAHALMi ONLine marketplace sellers that physically own their stock and take their own pictures for SHAHALMi ONLine.
SHAHALMi ONLine marketplace permits traders to list mobile phone cases and selected stationery items to complement their products and/or accessory ranges. The Marketplace Review Team reserve the right to remove any listing which they feel does not meet this criteria. Phone cases: If making reference to third parties intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose of the mobile phone case, in accordance with intellectual property law.
Shahalmi online IS A VENUE
SHAHALMi ONLine Marketplace acts as a venue to allow users, who comply with this agreement. SHAHALMi ONLine Marketplace’s policies to offer, sell and buy certain goods within a fixed-price format. SHAHALMi ONLine Marketplace is not directly involved in the transactions between buyers and sellers. As a result, SHAHALMi ONLine Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SHAHALMi ONLine Marketplace does not pre-screen content or information provided by users. SHAHALMi ONLine Marketplace cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, SHAHALMi ONLine Marketplace cannot and does not transfer legal ownership of items from the seller to the buyer.
SHAHALMi ONLine Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that SHAHALMi ONLine Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on SHAHALMi ONLine Marketplace. You use the SHAHALMi ONLine Marketplace service at your own risk.
Age: SHAHALMi ONLine Marketplace’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SHAHALMi ONLine Marketplace may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without noitice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by SHAHALMi ONLine Marketplace’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by SHAHALMI ONLINE Marketplace, each of which is incorporated herein by reference and each of which may be updated by SHAHALMi ONLine Marketplace from time to time without notice to you:
- Copyright Policy
In addition, some services offered through the Site may be subject to additional terms and conditions published by SHAHALMi ONLine Marketplace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SHAHALMi ONLine Marketplace of any unauthorised use of your password or any breach of security. You also agree that SHAHALMi ONLine Marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than SHAHALMi ONLine Marketplace without SHAHALMi ONLine Marketplace’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.
Account Transfer: You may not transfer or sell your SHAHALMi ONLine Marketplace account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: SHAHALMi ONLine Marketplace Vendors may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the Vendors must request prior written permission from SHAHALMi ONLine. SHAHALMi ONLine Marketplace reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: SHAHALMi ONLine Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: SHAHALMi ONLine Marketplace reserves the right to refuse service to anyone at any time. SHAHALMi ONLine Marketplace’s services are not available to temporarily or indefinitely suspended SHAHALMi ONLine Marketplace members. SHAHALMi ONLine Marketplace reserves the right, in SHAHALMi ONLine Marketplace’s sole discretion, to cancel unconfirmed or inactive accounts.
By listing an item on the Site you warrant that you and all aspects of the item comply with SHAHALMi ONLine Marketplace’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may include all Tax, shipping charges and handling fees to cover the costs for packaging and posting the items. You may not alter the item’s price after a sale, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on SHAHALMi ONLine Marketplace outside of the SHAHALMI ONLINE Marketplace site, such as other third-party providers. This may also constitute fee avoidance.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s stores only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their Stores, SHAHALMi ONLine Marketplace and/or the SHAHALMi ONLine website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
Badge use: If a Seller would like to use the “Find me on SHAHALMi ONLine Marketplace” badge to advertise and promote their listing on SHAHALMI ONLINE Marketplace, they will need to SHAHALMi ONLine’ prior written permission to do so. Please contact your account manager for more information.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to SHAHALMi ONLine Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on SHAHALMi ONLine Marketplace Copyright Policy.
Restricted Activities: Your Content and your use of SHAHALMI ONLINE Marketplace:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not involve the sale of real fur items. See our Animal Welfare Policy.
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, SHAHALMI ONLine Marketplace’s Copyright Policy)
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SHAHALMi ONLine Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack SHAHALMi ONLine Marketplace or modify another website so as to falsely imply that it is associated with SHAHALMi ONLine Marketplace;
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on SHAHALMI ONLINE Marketplace.
By uploading Content to SHAHALMi ONLine Marketplace you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that SHAHALMI ONLINE Marketplace receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate SHAHALMI ONLINE Marketplace for any loss suffered. SHAHALMi ONLine Marketplace reserves the right to remove any such Content immediately.
By uploading store images to SHAHALMI ONLINE Marketplace, you agree that SHAHALMi ONLine Marketplace has the right to use your images to promote SHAHALMi ONLine Marketplace and/or your store / store / boutique in any external press as well as across all SHAHALMi ONLine Websites and SHAHALMi ONLine social media channels.
Re-Posting Content: By posting Content on SHAHALMI ONLINE Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold SHAHALMi ONLine Marketplace harmless for any dispute concerning this use. If you choose to display your own SHAHALMi ONLine Marketplace-hosted image on another website, the image must provide a link back to its listing page on SHAHALMI ONLINE Marketplace.
Idea Submissions: SHAHALMi ONLine Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and SHAHALMi ONLine Marketplace shall not be liable for the disclosure or use of such Material. If, at SHAHALMI ONLINE Marketplace’s request, any member sends Material to improve the site (for example to customer support), SHAHALMI ONLINE Marketplace will also consider that Material to be non-confidential and non-proprietary and SHAHALMI ONLINE Marketplace will not be liable for use or disclosure of the Material. Any communication by you to SHAHALMI ONLINE Marketplace is subject to this Agreement. You hereby grant and agree to grant SHAHALMI ONLINE Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that SHAHALMI ONLINE Marketplace does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other SHAHALMI ONLINE Marketplace members. It’s essentially email, but purely for SHAHALMI ONLINE Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway.
- You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.
- Spamming other stores/ stores / store / boutiques in order to ask them to ‘follow’ your own stores / boutiques will not be tolerated.
- Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
- You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means…
- You must not contact another member to buy or sell an item listed on SHAHALMI ONLINE Marketplace outside of the SHAHALMI ONLINE Marketplace site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Marketplace Team who will review account activity and enable your account if spam-free.
SHAHALMI ONLINE Marketplace does not control the Content provided by users that is made available on SHAHALMI ONLINE Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade. By using SHAHALMI ONLINE Marketplace, you agree to accept such risks and that SHAHALMI ONLINE Marketplace (and SHAHALMI ONLINE Marketplace’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on SHAHALMI ONLINE Marketplace. Please use caution, common sense, and practice safe buying and selling when using SHAHALMI ONLINE Marketplace.
Other Resources: SHAHALMI ONLINE Marketplace is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SHAHALMI ONLINE Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SHAHALMI ONLINE Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and SHAHALMI ONLINE Marketplace, please contact SHAHALMI ONLINE Marketplace.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Pakistan. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release SHAHALMI ONLINE Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SHAHALMI ONLINE Marketplace, for the benefit of users, may try to help users resolve disputes, at their request. SHAHALMI ONLINE Marketplace does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that SHAHALMI ONLINE Marketplace attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
SHAHALMI ONLINE MARKETPLACE’S INTELLECTUAL PROPERTY
SHAHALMI ONLINE Marketplace, and other SHAHALMI ONLINE graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of SHAHALMI ONLINE plc and its subsidiaries. SHAHALMI ONLINE Marketplace’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, SHAHALMI ONLINE Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn SHAHALMI ONLINE Marketplace’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- SHAHALMI ONLINE Marketplace is unable to verify or authenticate any of your personal information or Content
- SHAHALMI ONLINE Marketplace believes that a user is acting inconsistently with the letter or spirit of SHAHALMI ONLINE Marketplace’s policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with SHAHALMI ONLINE Marketplace or the actions may cause legal liability or financial loss to SHAHALMI ONLINE Marketplace’s users or to SHAHALMI ONLINE Marketplace.
SHAHALMI ONLINE MARKETPLACE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE SHAHALMI ONLINE MARKETPLACE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SHAHALMI ONLINE MARKETPLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SHAHALMI ONLINE MARKETPLACE SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL SHAHALMI ONLINE MARKETPLACE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SHAHALMI ONLINE MARKETPLACE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SHAHALMI ONLINE MARKETPLACE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SHAHALMI ONLINE MARKETPLACE’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SHAHALMI ONLINE MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) RS.1000.
YOU AGREE TO INDEMNIFY AND HOLD SHAHALMI ONLINE MARKETPLACE AND (AS APPLICABLE) SHAHALMI ONLINE MARKETPLACE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
SHAHALMI ONLINE Marketplace does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SHAHALMI ONLINE Marketplace’s control or otherwise.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any SHAHALMI ONLINE Marketplace service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and SHAHALMI ONLINE Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
SHAHALMI ONLINE MARKETPLACE SERVICE
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of Pakistan.
Sections What is SHAHALMI ONLINE Marketplace Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, SHAHALMI ONLINE Marketplace’s Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, SHAHALMI ONLINE Marketplace Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to SHAHALMI ONLINE Marketplace (in the case of SHAHALMI ONLINE Marketplace) or, in your case, to the email address you provide to SHAHALMI ONLINE Marketplace (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SHAHALMI ONLINE Marketplace may give you notice by post to the address provided to SHAHALMI ONLINE Marketplace. In such case, notice shall be deemed given three days after the date of posting.
Please note that SHAHALMI ONLINE Marketplace will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.
For issues with intellectual property, please provide the notice as specified in SHAHALMI ONLINE Marketplace’s Copyright Policy.
The services hereunder are offered by SHAHALMI ONLINE Marketplace.