Terms of Service

PakistanCreates is owned by FiveRivers Technologies Pvt. Ltd. registered in and operating from Pakistan. FiveRivers Technologies Pvt. Ltd can be reached at www.fiveriverstech.com (hereinafter FiveRivers). This Terms of Use Agreement (“Agreement”) governs your use of this website, a user portal accessible through PakistanCreates and the services accessible through this portal.

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

We encourage you to read this Agreement carefully. We may change our Terms of Service from time to time. We, therefore, ask you to check it occasionally to ensure that you are aware of the most recent version that will apply each time you access this Site.

Personal data processed on the Website to implement the provisions hereof is administered by FiveRivers. Personal data is stored, processed, and used on the basis of principles specified in the privacy policy published on the website. The privacy policy lays down how personal data is processed on the Website, 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 the Website. Use of the Website is voluntary. Disclosure of personal data by the Website’s user is also voluntary, save for the exceptions indicated in the policy statement (signing the contract and the FiveRivers’s statutory obligations).

About PakistanCreates

PakistanCreates is an online marketplace that showcases creative items made by talented Pakistanis. The platform connects potential buyers with millions of startups and businesses. The ultimate goal of PakistanCreates is to promote “Made in Pakistan” items and give a chance to local makers to grow their business. Our aim is to curate everything Made in Pakistan to maintain the quality standards of all products.

General terms for use of the services

You are responsible for your use of the Services. You must have a parent or legal guardian to review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). 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 affirmatively consent to such minor’s use of the Services. You may only use the Services in compliance with this Agreement. You are obligated to use this website and its services in a legitimate way. You are not permitted to provide any illegitimate 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

Following services are available on PakistanCreates. A detailed description of these services and how to use them can be found on the website.

    • Sign up
    • Make a store
    • Sell/buy items

Unless specified otherwise on the website, you can use these and any other services free of charge.

Account

As a buyer:
You can create a buyer account by signing up for PakistanCreates.

As a seller:
You can create an account with us after completing the Sign Up Form and clicking the sign up button. After account approval, PakistanCreates will reach out to you and you will be able to create a store. Selling and other services are available free of charge.

Seller Code of Conduct:
This policy highlights that sellers act honestly and fairly on PakistanCreates to maintain a safe and secure buying & selling experience

Here are a few rules about accounts with PakistanCreates:

  1. Be honest. Provide accurate information about yourself to PakistanCreates and your customers. It is not allowed to use incorrect information or impersonate the other company or person through your account.
  2. Misuse. Do not misuse the features or services of PakistanCreates.
  3. Circumvent: You must not circumvent the sales process of PakistanCreates.
  4. Choose an appropriate name. While making an account on PakistanCreates and associating your full name with your account, you may not use offensive or vulgar language that violates the Terms or someone’s intellectual property rights.
  5. Protect your password. You are solely responsible for your 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. Your accounts are not transferable. If you are sharing an account with other people, then the person with an account will have the responsibility for all the financial information and account activity. If you are registering as a business, you guarantee that you agree to the Terms on behalf of your business.
  7. Clarity. These Terms don’t create any partnership, employment, agency, joint venture, or franchise relationship between you and PakistanCreates.
  8. Violation. Any violation of PakistanCreates policies or Code of Conduct may result in the permanent cancellation of listings and selling privileges.

PakistanCreates vets and curates all the sellers after which they’ll be allowed to use the platform. PakistanCreates reserves the right, in its sole discretion, to approve the sellers and conduct reviews of their products in the store. We reserve the right to remove the makers that do not comply with PakistanCreates’ guidelines and policies.

FiveRivers reserves the right to suspend or remove your account in any of the following events:

  • if, despite being warned by FiveRivers and learning the reasons for such warning, you remain in breach of these Regulations or any other generally applicable laws;
  • if, despite being warned by FiveRivers and learning the reasons for such warning, your conduct is harmful to FiveRivers’s or the Website’s reputation.

FiveRivers may suspend your account either for a fixed period or for an indefinite period of time. When the account is suspended, you cannot use any of the website’s services. You are obliged to remove the reasons for your account’s suspension, and after such reasons are removed, notify FiveRivers. FiveRivers will reactivate the account once the reasons for its suspension do not exist anymore.

Your Content:

You are responsible for your content. The content you post on our Services is your content (referred to it as “Your Content”). We do not make any claim to Your Content you post using our Services (like name, profile picture, product images, banner image, shop, product descriptions, reviews, comments, usernames, videos, etc.)

A. 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.

B. Permission to Use Your Content. By posting Your Content to PakistanCreates, you grant us 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.

C. 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 us to provide Services, promote the PakistanCreates, your PakistanCreates shop 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.

D. Unauthorised Content. PakistanCreates follows appropriate legal procedures to remove the offensive, illegal, or infringing content from the Services. If Your Content appears to infringe the intellectual property of another person, we will take appropriate action such as remove or disable it if we receive proper notice. Your account will be terminated permanently if you are found to repeat violations.

E. Inappropriate, False, or Misleading Content. Due to legal or other reasons PakistanCreates do not allow you to post any offensive content on our Services. You agree to not post any abusive, misleading, defamatory, vulgar, threatening, or obscene content in violation of our Policy and Terms. You also agree to not post false content that is fraudulent or deceptive in any way.

Payment

PakistanCreates does not manage or keep any payment from the vendor/customer and the transactions take place directly between the Vendor and the customer. Therefore, the Vendor shall solely be responsible for all such transactions and PakistanCreates is not liable against any claim, loss, or injury in this regard.

PakistanCreates proposes Cash on Delivery (COD) or direct e-payments as the payment method for products and/or services provided by the Vendor to the Customer. The customer and the vendor may use any other payment mode as mutually agreed between the Customer and the Vendor such as direct bank Deposits/Direct online transfers/Jazz Cash/Easypaisa/Upay, etc.

In the future PakistanCreates may also integrate with online payment gateway to offer E-Payment Service/Payment Facilitation enabling Customers to pay for goods or services purchased from Vendors by an E-Transaction, however, the said online payment services shall be subject to certain terms & conditions for which revised terms and conditions will be posted here.

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 this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. 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 this Agreement 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.

Our rights and ownership

We may discontinue or alter any aspect of the Services, restrict the time the Services is 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 it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement 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 the terms of this Agreement. 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, currentness, 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 FiveRivers (or any provider of any non-FiveRivers Technologies Pvt Ltd. application distributed with the Software) 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 Software (or any non-FiveRivers applications distributed with the Software) or in any way related to this Agreement, even if FiveRivers has been advised of the possibility of such damages.

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 this Agreement, your unauthorized use of User Content, unauthorized use of your account, or your violation of any rights of any other person.

Termination

This Agreement is effective until you or FiveRivers terminates it. You may terminate this Agreement at any time by discontinuing your use of the Services. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Services. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.

Termination By You. You can terminate your account with PakistanCreates at any time.

Termination By PakistanCreates.We may suspend or terminate your account (and any accounts 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.

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 on selling imported products.

No Access. If you or PakistanCreates 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 terminate your account or your use of Service ends.

Third party links

The Services may contain links to other websites or applications. This Agreement only applies to the Services and not to any website or application 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. 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 and miscellaneous terms

Governing Law; Venue – This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan without regard to its conflict of laws rules. Any disputes related to this Agreement shall be litigated in the provincial or Federal courts located in Lahore, Pakistan, and the parties hereby consent to jurisdiction in such venue.

Severability – If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Assignment – The Licensee may not subcontract, assign, or transfer its rights, duties or obligations under this Agreement to any person or entity, in whole or in part, without the prior written consent of FiveRivers.

Contact us

If you have any questions or would like further clarification about the Services or this Agreement, please contact us at contact@pakistancreates.com
For Vendor Related Queries : vendors@pakistancreates.com