Terms of Service

PakistanCreates is owned by Five Rivers Technologies Pvt. Ltd. (“Five Rivers”), registered in and operating from Pakistan. Five Rivers can be reached at www.fiveriverstech.com. These Terms of Service (“Terms”) govern your use of this website, a user portal accessible through PakistanCreates, and the services accessible through this portal (“Services”).

You assent to these Terms by using the Services of this portal. Please do not use the Services if you do not agree to be bound by these Terms.

We encourage you to read these Terms carefully. We may change our Terms from time to time. We, therefore, ask you to check the Terms occasionally to ensure that you are aware of the most recent version that will apply each time you access PakistanCreates.Personal data processed on PakistanCreates to implement the provisions hereof is administered by Five Rivers. Personal data is stored, processed, and used on the basis of principles specified in the Privacy Policy published on PakistanCreates and updated periodically (“Privacy Policy”). The Privacy Policy lays down how personal data is processed on PakistanCreates, including the framework, purposes, and processing duration of personal data and the rights of data subjects, as well as informs on what cookies and analytical tools are used on PakistanCreates. Use of PakistanCreates is voluntary and disclosure of data by the user is voluntary. Disclosure of personal data by PakistanCreates shall be in accordance with these Terms, the Privacy Policy, the Vendor Agreement and any of Five Rivers’ statutory obligations.

ABOUT PakistanCreates

PakistanCreates is an online marketplace that showcases items made by talented Pakistanis. The platform connects potential customers/buyers with millions of start-ups and businesses. The ultimate goal of PakistanCreates is to promote “Made in Pakistan” items and give a chance to local producers to grow their business. Our aim is to only offer products that are ‘Made in Pakistan’.

GENERAL TERMS FOR USE OF THE SERVICES

You are responsible for your use of the Services. You must have a parent or legal guardian review these Terms, the Vendor Agreement (if applicable) and the Privacy Policy with you and agree to them on your behalf if you are under the age of 18. If you have authorized or registered another person to use the Services, including a minor, you are fully responsible for that person’s use of the Services and the consequences of that person’s misuse of the Services. The parent or legal guardian of a minor must consent to such minor’s use of the Services. You may only use the Services in compliance with these Terms. You are obligated to use PakistanCreates and its services in compliance with all applicable laws. You are not permitted to provide any illegal content. Your account is personal to you, and you may not share it or allow any other person to utilize your account. You may not use another person’s account. You are responsible for all activities that occur under your account.

SERVICES AVAILABLE ON THE WEBSITE

Several services are available on PakistanCreates, which are listed briefly below. A detailed description of these services and how to use them can be found on the website.

• Sign up
• Make a virtual store
• Sell/buy items
• E-Payment Services
• To enable customers/buyers and sellers to complete transactions on PakistanCreates, two payment methods (i.e., Cash On Delivery (“COD”) and e-payment service/payment facilitation (“E-Payment Gateway”)) shall be offered, allowing customers/buyers to pay for goods purchased from a seller. For this purpose, third-party service providers shall be affiliated/integrated with PakistanCreates which may charge their processing fees on such transactions which are not in PakistanCreates’ control and no part of this charge is shared with PakistanCreates. PakistanCreates is in no manner liable for the actions of third-party service providers and/or the successful processing of these transactions to the seller and any issues with respect to this shall lie solely between the seller and the respective third-party service provider.
• All costs, fees, and taxes associated with the use of COD or the E-Payment Gateways shall be the sole responsibility of the seller and any taxes/fees/costs which PakistanCreates is required to withhold/deduct prior to a disbursement to a seller shall be so withheld/deducted and PakistanCreates shall not be required to top up any amounts in this regard.
• Presently, PakistanCreates has integrated the following E-Payment Gateway:
• (i) NIFT e-Pay Platform: there will be a 3% fee charged for each order paid for by customers/buyers using the NIFT e-Pay Platform. Such amount shall be deducted from each order/sale made by the seller, and an applicable amount shall be disbursed to PakistanCreates which shall in turn release the applicable amount to the seller within 30 business days of completion of the order. Such payments shall only be disbursed to the seller by PakistanCreates for orders which have been completed/delivered by the seller.
• Warehousing, Inventory, and Integrated Courier Services
• Presently, PakistanCreates is offering the following warehousing, inventory, and integrated courier services:
  1. OE by Shopistan: PakistanCreates shall integrate the seller opting for the ‘Paid Model’ (detailed below in the Schedule of Charges) onto OE by Shopistan (“OE”), which is an online platform that enables sellers to integrate order, inventory and courier details to create and manage online inventory, warehouses, and deliveries by connecting to courier application programming interface. This shall also allow the seller to integrate/sync inventories on other platforms as well (apart from PakistanCreates). For each order processed on a platform apart from PakistanCreates through OE, the seller shall be charged USD 0.99 per order (USD rate applicable at the time the order is placed) which shall be paid by the seller to OE through PakistanCreates at the time the order is processed. This platform shall have no customer facing access. Sellers will not be charged by OE for any orders processed through OE that are placed using PakistanCreates. While relevant information of the seller shall be shared by PakistanCreates with OE, OE is legally prohibited from selling/sharing such information with third parties. PakistanCreates is not liable for the security/dissemination of such information by OE.
  2. Fulfilled by PakistanCreates: PakistanCreates is also offering inventory management, warehousing, and delivery services (“Fulfilled by PakistanCreates” / “FBPC Services”) with the ‘Paid Model’, at the rates listed in the Schedule of Charges below. Each seller shall be required to obtain prior approval from PakistanCreates to be eligible to avail the FBPC Services. For this purpose, the seller shall submit a request to the PakistanCreates team to avail the FBPC Services and follow the instructions provided thereafter for the approval process. Once approval has been granted, the seller shall deliver to PakistanCreates the approved products it wishes to receive the FBPC Services for, in the manner instructed by the PakistanCreates team. PakistanCreates shall not accept any damaged products for the purposes of the FBPC Services and the shipping cost of such products to PakistanCreates shall be solely borne by the seller.
  3. Where an order for a product is placed, the FBPC Services shall involve PakistanCreates fulfilling such an order by packaging and dispatching the same using an appropriate courier service and updating the inventory of the seller’s products available for FBPC Services. The seller shall be updated throughout this process until delivery has been received by the relevant customer. Any payments to be handled and/or received by PakistanCreates in this regard shall be paid to the seller within 30 days of the receipt of such payment from the COD service provider.
  4. Should the seller wish to terminate the FBPC Services, it must give an advance 30 days written notice to PakistanCreates and follow instructions for the collection of leftover inventories (if any) and the disbursement of outstanding payments. Should the seller fail to follow instructions for inventory collection, PakistanCreates reserves the right to dispose of such items in the manner it deems appropriate and to collect costs incurred in such disposal from the seller. The FBPC Services shall terminate at the end of the aforementioned notice period.

Charges and Payments

The charges payable for the use of the PakistanCreates platform and the associated services are as detailed in the schedule of charges provided below. The seller can choose to avail either a ‘Free Model’ or a ‘Paid Model’ for its account with PakistanCreates. The services available under both models, their associated charges and the manner of payment shall be as detailed in these Terms.

PakistanCreates may also issue promotional packages from time to time which may offer discounts on the charges mentioned below. However, such discounted amounts shall only be applicable to those sellers who have opted for and have complied with the terms of such an offer.

Schedule of Charges (Last Updated: 14/Oct/2022)

At the end of each month, the seller shall be provided with accounts/invoices detailing the payments made and those outstanding for the relevant month and reflect any adjustments made in accordance with the Vendor Agreement and these Terms. Such payments shall be disbursed by PakistanCreates in the manner detailed in such accounts/invoices. Any payments to be made by the seller to PakistanCreates (including payments for charges associated with the FBPC Services and/or OE by Shopistan Services) shall become due within 10 days of the issuance of the monthly accounts/invoices by PakistanCreates, subject to any instructions provided by PakistanCreates. This shall not apply to the ‘Monthly Fee’ detailed above which shall be payable by the seller to PakistanCreates, by the 20th of each month.

All payments to be made to the seller shall be made according to the account details communicated by the seller to PakistanCreates for this purpose. All payments to be made to PakistanCreates shall be made to the account shared by PakistanCreates with the Sellers.

ACCOUNT

As a buyer:

You can create a customer/buyer account by signing up for PakistanCreates.

As a seller:

You can create an account with us after signing the Vendor Agreement, completing the Sign-Up Form, and clicking the sign-up button. These actions will confirm your consent to comply with the Vendor Agreement, the Privacy Policy, and these Terms (as updated periodically by us). After account approval, PakistanCreates will reach out to you and you will be able to create a virtual store on PakistanCreates.

Upon approval of your account, you will need to select either the ‘Free Model’ or ‘Paid Model’. After selecting one of the two models, you will be charged for services rendered to you by PakistanCreates (as detailed in the Schedule of Charges above). Should you wish to change models at any time, you may do so after informing PakistanCreates.

The ‘Free Model’ allows you to create an account with PakistanCreates, list products for sale on your virtual store and sell your products on PakistanCreates free of cost (except for any additional costs, fees, and taxes associated with the use of COD or the E-Payment Gateways that PakistanCreates / relevant service provider may deduct), up to a maximum limit of Rs. 200,000/- in total sales per month. Once this limit is reached, you shall not be able to make further sales from your account until the start of the following month.

The ‘Paid Model’ entitles you as a seller to create an account with PakistanCreates, list your products for sale on your virtual store, and sell your products on PakistanCreates without any monthly limit. You will also receive additional benefits, as intimated by PakistanCreates from time to time. You will be charged a monthly fee by PakistanCreates as specified in the Schedule of Charges above, payable in the manner detailed above. Any additional services availed in a given month (including FBPC Services and/or OE by Shopistan Services) shall be charged in accordance with the Schedule of Charges, and shall be payable in addition to the monthly fee. Any additional costs, fees, and taxes associated with the use of COD or the E-Payment Gateways with the ‘Paid Model’ will be charged separately.

Additionally, creating an account on PakistanCreates allows you as a seller to list products for sale to customers/buyers, through a virtual store on PakistanCreates, in compliance with applicable laws, the Vendor Agreement, and these Terms. For each product listed for sale through PakistanCreates, you as a seller shall provide a price inclusive of all applicable taxes and relevant fees (apart from shipping costs) (the “Price”). Any cost not included in the price of a product (e.g., shipping costs) shall be clearly specified to be a cost in addition to the price. Unless specified otherwise, a seller shall be responsible for all relevant costs, fees, and taxes in the sale and delivery of its products to the customer/buyer and PakistanCreates shall have no liability in this regard.

Featuring a product on PakistanCreates shall constitute an offer of sale on display by a seller to all persons using PakistanCreates. A customer/buyer’s purchase of a product through PakistanCreates shall be deemed to be an acceptance of a seller’s offer to sell a product, and a binding contract shall come into force between a seller and the customer/buyer, with PakistanCreates not being a party to the same.

Seller Code of Conduct:

These Terms require that sellers act honestly and fairly on PakistanCreates to maintain a safe and secure buying & selling experience. Furthermore, sellers shall comply with the following code of conduct (“Code of Conduct”):

1. Be honest: Provide accurate information about your products to PakistanCreates and your customers/buyers. You are not allowed to use incorrect information or impersonate another company or person through your account. You must not violate the terms of services of third-party service providers affiliated and/or integrated with PakistanCreates or delay/withhold fees payable to them or to PakistanCreates. Furthermore, you must provide PakistanCreates with updated vendor verification documents, if any information present in the documents that was used to create your account(s) change.
2. Misuse: Do not misuse the features or services of PakistanCreates.
3. Circumvent: You must not circumvent the sales process of PakistanCreates, as detailed in these Terms, the Privacy Policy, and the Vendor Agreement.
4. Choose an appropriate name: While making an account on PakistanCreates and associating your full name with your account, do not use offensive or vulgar language that violates the Vendor Agreement, the Privacy Policy, and these Terms or someone’s intellectual property rights.
5. Protect your password: You are solely responsible for the activity on your account, so make sure your account is password secure.
6. Account Responsibility: You are solely responsible for your account and activity on it, including the payment of relevant fees in accordance with these Terms. Your account(s) are not transferable. If you are sharing an account with other people, then the person whose name is on the account will have the responsibility for all the financial information and account activity and will be responsible for making relevant payments that correspond to activity on the account. If you are registering as a business, you guarantee that you agree to the Vendor Agreement, the Privacy Policy, and these Terms on behalf of your business.
7. Clarity: These Terms do not create any partnership, employment, agency, joint venture, or franchise relationship between you and PakistanCreates.
8. Violation: Any violation of PakistanCreates’ Privacy Policy, other policies, Code of Conduct, or these Terms may result in the permanent cancellation of your account, listings, and selling privileges.

PakistanCreates vets and curates all the sellers and once approved by PakistanCreates, the sellers shall be allowed to use the PakistanCreates platform. PakistanCreates reserves the right, in its sole discretion, to approve the sellers and conduct reviews of their products made available for sale through PakistanCreates. We reserve the right to remove those sellers and users that do not comply with PakistanCreates’ Terms, Privacy Policy and/or the Vendor Agreement.

PakistanCreates reserves the right to suspend or remove your account (for a fixed or indefinite period) in any of the following events, the determination of which lies in the exclusive discretion of PakistanCreates:

• if, despite being warned by PakistanCreates and learning the reasons for such warning, you remain in breach of these Terms, and/or the Privacy Policy, and/or the Vendor Agreement (if applicable) or any other applicable laws;
• if, despite being warned by PakistanCreates and learning the reasons for such warning, your conduct is harmful to the reputation or business of Five Rivers Technologies (Private) Limited and/or PakistanCreates.

When your account is suspended, you cannot use any of PakistanCreates’ services. You are obliged to remedy the reasons for your account’s suspension immediately, and after such reasons are addressed, notify PakistanCreates. PakistanCreates may reactivate the account once the reasons for its suspension no longer exist, as determined by PakistanCreates in its sole discretion.

Your Content:

You are responsible for the content posted through your account (referred to as “Your Content”). We do not make any claim to Your Content that you post using PakistanCreates (like name, profile picture, product images, banner image, virtual store image, product descriptions, reviews, comments, usernames, videos, etc.).

1. Responsibility for Your Content: You are solely responsible for Your Content. You understand that you have all necessary rights to Your Content and that you are not violating any third-party rights by posting it.
2. Permission to Use Your Content: By posting Your Content to PakistanCreates, you grant PakistanCreates a license to use it. We do not claim to have any ownership of Your Content but we have your permission to use it to help PakistanCreates grow, function, and promote your brand and PakistanCreates.
3. Rights You Grant PakistanCreates: By posting Your Content, you grant PakistanCreates worldwide, irrevocable, non-exclusive, perpetual, and royalty-free license to use, edit, display, modify, store, and distribute works of Your Content. This allows PakistanCreates to provide Services, promote PakistanCreates, and your PakistanCreates virtual store in any format across advertising mediums and channels. You agree not to assert any moral rights or rights of publicity against us for using Your Content. Also, you understand our legitimate interest in using Your Content, in accordance with the scope of this license.
4. Unauthorized Content: PakistanCreates follows the procedures detailed in the Policy and these Terms to remove offensive, illegal, or infringing content from PakistanCreates. If Your Content appears to infringe the intellectual property of another person or is in violation of any applicable laws, we will take appropriate action including but not limited to removing/disabling such content. Your account may also be terminated permanently if you are found to repeat violations of this these Terms, the Privacy Policy, and/or the Vendor Agreement (if applicable).
5. Inappropriate, False, or Misleading Content: PakistanCreates does not allow you to post any offensive content on PakistanCreates. You agree to not post any abusive, misleading, defamatory, vulgar, threatening, or obscene content in violation of our Privacy Policy, these Terms, and applicable laws. You also agree to not post false content that is fraudulent or deceptive in any way.

PAYMENT

PakistanCreates allows COD and e-payment through E-Payment Gateways as payment methods. E-Payment Gateways only facilitate digital payments and are not responsible for the approval of any seller for a sale and only such sellers shall be allowed to access the services of the E-Payment Gateways as approved of by PakistanCreates. PakistanCreates acts as a facilitator to collect and approve the information of sellers/buyers to enable both to complete transactions thereon.

All COD and E-Payment Gateway providers are independent service providers and have been engaged by PakistanCreates to facilitate the growth of the PakistanCreates platform and the sellers. PakistanCreates has no control over the actions of such service providers, particularly with respect to seller transaction payments or customer/buyer data, and therefore cannot be held liable in this regard.

YOUR LICENSE TO USE THE SERVICES

We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services for your own personal, non-commercial purposes, subject to your agreement to and compliance with these Terms. We reserve all rights not otherwise expressly granted by these Terms. You may not rent or sell the Services to a third party; copy or reverse engineer the Services; create derivative works of the Services; change or alter user content or notices; use a bot or other automatic process to harvest or scrape information or user content on the Services; introduce a virus or malicious code into the Services; use the Services to violate a third party’s intellectual property rights; send advertisements or spam using or through the Services; or engage in any activity that violates these Terms, the Vendor Agreement, the Privacy Policy or any applicable law or regulation.

USAGE AND LIMITATIONS

We do not guarantee that the Services will be compatible or operate with your computer, internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or use the Services. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of the Services. You are also responsible for all third-party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any contracts, terms of service agreements, and restrictions associated with such third-party services. We will not be liable for any damage to your computer, mobile device, or other equipment or technology caused by or related to the Services.

The quality and availability of the Services may be affected by factors outside of our control because the Services are provided over the Internet. We will not be liable for damages or losses related to the Services being unavailable.

RESELLING PAKISTANCREATES PRODUCTS

Reselling products of PakistanCreates is strictly prohibited. If any unauthorized entity is found perpetrating the act, legal action might be taken, including but not limited to the closure of your account and termination of Services.

OUR RIGHTS AND OWNERSHIP

We may discontinue or alter any aspect of the Services, restrict the time the Services are available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.

The Services are our copyrighted property and may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by these Terms or disseminated or distributed to any other person. Our images, trademarks, service marks, logos, and other content that we display in the Services and all accounts, features, and components of the Services are our property. Third-party materials in the Services are licensed to us and these third parties may enforce their ownership rights against you if you violate these Terms. Any feedback or suggestions you give to us about the Services is voluntary and we may use such feedback or suggestions at our sole discretion without obligation to you.

DISCLAIMERS

To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, current-ness, accuracy, and fitness for a particular purpose. We do not warrant that the Services will be malware or virus free. We specifically disclaim any representations that the Services will meet your requirements, that access to or operation or use of the Services will be uninterrupted or error-free, that defects in the Services, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Services are provided “as is” and “as available” and we do not guarantee the Services’ availability or uptime. We do not warrant or represent that use of the Services will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.

LIMITATION OF LIABILITY

In no event shall PakistanCreates or Five Rivers be liable for any damages whatsoever (including, without limitation, lost profits, business interruption, loss of data, cost of cover, indirect, special, incidental, or consequential damages of any kind), arising out of the use of or inability to use the Services (or any applications/software which are distributed/integrated with the Services which are not owned by Five Rivers) or in any way related to these Terms, even if Five Rivers/PakistanCreates have been advised of the possibility of such damages.

PakistanCreates will not be held responsible for any failure or delay to comply with obligations pertaining to or arising out of any action that is beyond our reasonable control.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Services, your breach or alleged breach of these Terms, your unauthorized use of user content, unauthorized use of your account, or your violation of any rights of any other person.

TERMINATION

These Terms are effective until you or PakistanCreates/ Five Rivers terminates your access to your account or to the Services. You may end your compliance with these Terms at any time by discontinuing your use of the Services. We may terminate your access to the Services at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Services. Termination will not affect any right or relief to which we are entitled under the law or in equity. Upon termination, you must discontinue all access and use of the Services and any information or materials that have been provided to you. Clauses under these Terms that by their nature and context are intended to survive any termination of the Vendor Agreement or your access/use of the Services will survive such termination and will be fully enforceable thereafter.

Termination By You: You can terminate your account with PakistanCreates at any time. However, if you are a seller, you can terminate your account as per the Vendor Agreement.

Termination By PakistanCreates/Five Rivers: We may suspend or terminate your account (and any account(s) PakistanCreates determines are related to your account) and your access to Services, your content, or your use of Services, if you violate our Terms. If we do so, it is important to understand that you will not have any legal or contractual right to use our Services, for example, to sell or buy on our websites or mobile apps.

Upon termination (either by you or by PakistanCreates/Fiver Rivers), PakistanCreates will cease to provide you with any services in regard to the listing and sale of your products. All outstanding payments due by either party to the other must be paid within 30 days of termination. Furthermore, any products belonging to you that are in the physical custody of PakistanCreates at the time of termination shall be returned to you, unless PakistanCreates has obtained the right to dispose of such items in the manner it deems appropriate, in accordance with these Terms.

Notify: Generally, PakistanCreates will notify you that your account has been suspended or terminated unless you have repeated violations of our Terms or we have regulatory or legal reasons preventing us from notifying you.

Not ‘Made in Pakistan’ items: PakistanCreates promotes ‘Made in Pakistan’ products and reserves the rights to terminate you for selling imported products.

No Access: If you or PakistanCreates/Five Rivers terminate your account, you may not have access to any of your account information or content.

Effective: The Terms will continue to remain in effect even if you or PakistanCreates/Five Rivers terminate your account or your use of Services ends.

THIRD PARTY LINKS

The Services may contain links to other websites or applications or integrated service providing platforms. These Terms only apply to the Services and not to any website or application or integrated service providing platform that we do not own. We are not responsible or liable for any content, advertising, products, or other materials on or available from third-party websites or for any privacy or other practices of the third parties operating those websites (including all integrated payment platforms, inventory applications, courier APIs). We encourage you to carefully read the terms of use for any third-party website or application before you access or use any such third-party website or application.

GOVERNING LAW

Governing Law; Venue: These Terms and performance hereunder shall be governed by and construed in accordance with the laws of Pakistan without regard to its conflict of laws rules. Any disputes related to these Terms shall be resolved through the exclusive jurisdiction of the competent courts of Lahore, Pakistan.

CONTACT US

If you have any questions or would like further clarification about the Services or these Terms, please contact us at [email protected]