TERMS AND CONDITIONS

TERMS AND CONDITIONS

Terms & Conditions

Welcome to BABAGEE COMMUNICATION SERVICES! If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our privacy policy, govern BABAGEE COMMUNICATION SERVICES’s relationship with you in relation to this website. If you do not agree with any part of the website, please do not access this site.

The term ‘BABAGEE COMMUNICATION SERVICES’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at Suite QAMAR MARKET, VENUS CHOWK OKARA, PAKISTAN. The term ‘you’ refers to the user or viewer of our website.

By registering on our website you agree to the following:

●       You will provide true, accurate, current, and complete information about yourself as prompted by BABAGEE COMMUNICATION SAERVICES ‘s registration form (the “Registration Data”)

The use of this website is subject to the following terms of use:

●      The content of the pages of this website is solely to provide product information. It is subject to change without notice.

●      Trademarks: All trademarks reproduced in this website that are not the property of, or licensed to, the operator are acknowledged on the website. “BABAGEE COMMUNICATION SERVICES” and related logos, and other words and logos on the site are either unregistered trademarks or registered trademarks of BABAGEE COMMUNICATION SERVICES and are protected by international trademark and other intellectual property rights and laws. BABAGEE COMMUNICATION SERVICES’s trademarks may not be used in connection with any product or service that is not BABAGEE COMMUNICATION SERVICES nor in any manner that disparages or discredits BABAGEE COMMUNICATION SERVICES. All other trademarks not owned by BABAGEE COMMUNICATION SERVICES that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BABAGEE COMMUNICATION SERVICES.

●      Copyright: All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property and copyright work of either BABAGEE COMMUNICATION SERVICES, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of BABAGEE COMMUNICATION SERVICES and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

●      Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

●      Our website: Your use of this website and any dispute arising out of such use of the website is subject to the laws of Pakistan. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

●      Privacy: All the information provided to the buyers and sellers is strictly confidential in accordance with the applicable laws and regulations of Pakistan.

●      Your Information: You grant BABAGEE COMMUNICATION SERVICESa non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

●      Taxes: You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the site and you agree to bear any and all applicable taxes as per prevailing law.

●      Loss: We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the site.

●      Warranty & Return: Check our policy at https://babageecommunicationservices.com/refunds-returns-policy/

●      Refund policy: In case there are no options for replacement, your money will be refunded within 10 days if deposited by bank, and within 5 days for Easypaisa, or credit/debit cards transactions.

●      Pricing: All prices are listed in Pakistani Rupees and are inclusive of GST, and are listed on the site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

●      Availability and Order Processing: all the items present on the site are available. As we process your order, in case of any mishap you will be informed by e-mail or SMS if any products you order turn out to be unavailable.

●      In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline.

●      Waiver: You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

●      Licensing: Content provided on this site is solely for informational purposes. This site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.

●      Electronic Communications: You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. BABAGEE COMMUNICATION SERVICES requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

●      Fees and Services: BABAGEE COMMUNICATION SERVICES is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers. Membership on the Site is free. BABAGEE COMMUNICATION SERVICES does not charge any fee for browsing, bidding and buying listed items on the Site. BABAGEE COMMUNICATION SERVICES charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items. Sellers must pay all fees due and payable to BABAGEE COMMUNICATION SERVICES after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from BABAGEE COMMUNICATION SERVICES by submitting an online no-sale claim. Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site. BABAGEE COMMUNICATION SERVICESmay choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. Unless otherwise stated, all fees shall be quoted in your country’s currency. You must pay all fees payable to BABAGEE COMMUNICATION SERVICES (and any applicable taxes or charges) within 30 days of the date of any invoice to you from BABAGEE COMMUNICATION SERVICES with a valid payment method as set out in our Fees & Credit Policy. In case of non-payment of fees and/or any applicable taxes and charges by you to BABAGEE COMMUNICATION SERVICES, without prejudice to any other rights and remedies of BABAGEE COMMUNICATION SERVICES under this User Agreement or at law, BABAGEE COMMUNICATION SERVICES without liability reserves the right to:

●      Issue you with a warning regarding the non-payment in question.

●      Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of BABAGEE COMMUNICATION SERVICES issuing a warning to you.

●      BABAGEE COMMUNICATION SERVICES also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to BABAGEE COMMUNICATION SERVICES

●      Invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).

●      Take any steps BABAGEE COMMUNICATION SERVICES  considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

●      Undeliverable Items: BABAGEE COMMUNICATION SERVICES and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to BABAGEE COMMUNICATION SERVICES to destroy and/or liquate any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to BABAGEE COMMUNICATION SERVICES. Furthermore, BABAGEE COMMUNICATION SERVICES is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.

●      Abusing BABAGEE COMMUNICATION SERVICES: Please report problems of any kind or violations of this User Agreement to BABAGEE COMMUNICATION SERVICES. If you believe that your intellectual property rights have been violated, please notify BABAGEE COMMUNICATION SERVICES. Without prejudice to any other rights and remedies of BABAGEE COMMUNICATION SERVICES under this User Agreement or at law, BABAGEE COMMUNICATION SERVICES may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also BABAGEE COMMUNICATION SERVICES can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

 

 

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action:

●      Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the site as available on the site at all times.
●      Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
●      Use the site for illegal purposes.
●      Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
●      Interfere with another’s utilization and enjoyment of the site.
●      Post, promote or transmit through the site any prohibited materials as deemed illegal by The People’s Republic of Pakistan.
●      Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the site and use the site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

 

 

 

Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and BABAGEE COMMUNICATION SERVICES and you shall have no authority to bind BABAGEE COMMUNICATION SERVICES in any manner whatsoever.

Except as explicitly stated otherwise, any notices to BABAGEE COMMUNICATION SERVICES from you shall be given by you by email to BABAGEE COMMUNICATION SERVICES at admin@babageecommunicationservices.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by BABAGEE COMMUNICATION SERVICES by return email. Any notices to you from BABAGEE COMMUNICATION SERVICESshall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

Disputes

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.

In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of BABAGEE COMMUNICATION SERVICES to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and BABAGEE COMMUNICATION SERVICES shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

Transfer of Rights and Obligations

You hereby grant BABAGEE COMMUNICATION SERVICESthe right to, and irrevocably acknowledge and agree that BABAGEE COMMUNICATION SERVICES may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. BABAGEE COMMUNICATION SERVICES agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of BABAGEE COMMUNICATION SERVICES, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of BABAGEE COMMUNICATION SERVICES.

General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and BABAGEE COMMUNICATION SERVICES with respect to the subject matter hereof.

No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.