These Terms govern
· The use of this website (or related social media accounts), and,
· Any other related Agreement or legal relationship with the Owner
in a legally binding way.
The User must read this website carefully.
This website is provided by:
Har Maal China (harmaalchina.com)-
Owner contact email: harmaalchina@hotmail.com
Owner location: Pakistan
What the User should know at a glance
· Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
· The right of withdrawal only applies to Pakistani Consumers. The right of withdrawal, also commonly called the right of cancellation in Pakistan, is consistently referred to as “the right of withdrawal” within this website.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this website or any of its affiliated social media handles.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this section.
By using this website, Users confirm to meet the following requirements:
· There are no restrictions for Users in terms of being Consumers or Business Users;
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this website.
Rights regarding content on this website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website:
· if any complaint based on such content is received;
· if a notice of infringement of intellectual property rights is received;
· upon order of a public authority; or
· where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
· violate laws, regulations and/or these Terms;
· infringe any third-party rights;
· considerably impair the Owner’s legitimate interests;
· offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
· Users must choose the desired Product and verify their purchase selection.
· After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order acceptance
· Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.
· Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.
· If the order is accepted, an automatic email will be sent to the user on provided email address informing it of the order acceptance.
· If the order is not accepted, an automatic email will be sent to the user on provided email address informing it of the order cancelation.
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
· either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery
Delivery of Products
Unless otherwise stated, products purchased on this Website are delivered via 3rd party courier services at the address mentioned by Users.
Users acknowledge and accept that in order to receive the Product, the intended address provided must be correct, legal, up-to-date, and user must be available during the mentioned time period at the address location to receive the product. Otherwise, Har Maal China will not be held responsible for customer loss, order cancelation, delays or non-delivery of product.
Users acknowledge and accept that the ability to receive the purchased Product may be limited in time and space.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to return the product within the period specified (generally 03 days), if they find the product not up to the mark.
Liability and indemnification
Pakistani Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the product will meet Users’ requirements; that the product will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, does not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
· any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the products or Service; and
· any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the product or Service or User account or the information contained therein;
· any errors, mistakes, or inaccuracies of content;
· personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the product or Service;
· any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
· any errors or omissions in any product content or for any loss or damage incurred as a result of the use of any product or service delivered, or otherwise made available through the product or Service; and/or
· the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder against the purchase of any product/service.
· This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
The terms give User specific legal rights, and User may also have other rights. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
· User’s use of and access to the Product or Service, including any data or product provided or received by User;
· User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
· User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
· User’s violation of any statutory law, rule, or regulation;
· Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
· User’s willful misconduct; or
· statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Website Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the website Service for maintenance, system updates or any other changes, without informing the Users.
Within the limits of law, the Owner may also decide to suspend or terminate the website Service altogether.
Additionally, the website Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. internet outages, website hosting service provider outages or suspension of services, infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will not be responsible to inform the User of these changes. Users visiting the website for any purchase are required to read the updated terms and conditions every time they want to make the purchase.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the website Service and making purchases.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this website.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Pakistani Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this website, without regard to conflict of laws principles.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this website.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this website.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this website.
The Owner will try to process the complaint without undue delay and within 30 days of receiving it.