Acknowledgment
If you
wish to use this Website or employ Partsbuzzs.com for any service, you must
agree to the terms below as the exclusive basis which governs usage of the
Website and provision of services. If you do not agree to any of the terms, do
not use this Website or employ Partsbuzzs.com for any service.
You
acknowledge and agree that your usage (defined below) of the Website is
strictly regulated and governed by the terms and conditions of this Agreement.
Introduction
Partsbuzz (hereinafter referred to as “Partsbuzzs” or “we” or
“us” or “our”) welcome you at Partsbuzzs for doing your car search, your search
and access to all the products including car related products, car transaction
service, forums, car inspection services, auto parts and accessories etc.
THESE
WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE
FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE LAWS OF PAKISTAN AND RULES MADE
THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS. THESE
TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
The
domain name www.Partsbuzzs.com is owned by Partsbuzzs (Private) Limited, a
company duly incorporated under the Laws of Pakistan with its registered office
at 2nd Floor, Saeed Alam Tower, 37-Commercial Zone, Liberty
Market, Gulberg, Lahore. These terms of use of the Website available at www.Partsbuzzs.com,
mobile site and mobile applications (individually and collectively, “Website”)
is between Partsbuzzs and the guest users or registered users of the Website
(hereinafter referred to as "you" or "your" or
"yourself" or "user" or “customer”) describe the terms on
which Partsbuzzs.com offers you access to the Website for availing services and
buy products, as are incidental and ancillary thereto ("Services",
and more particularly defined hereinafter).
These
terms of service are effective from 1st January,
2021
Eligibility
to use services
Service
available through or use of the Website is available only to persons of
majority (18 years of age or more) and who can legally component to form a
contract under the Contract Act, 1872 (as amended from time to time), or
any other act or enactments to which the person is subject.
Persons
who are incompetent, to make a legal and valid contract, for any reason
whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are
not eligible to use our Website and avail our services. BY ACCESSING OUR
WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE PARTSBUZZS.COM
THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE
TERMS OF USE.
Further
to this, Partsbuzzs reserves its right, without assigning any reason
whatsoever, to restrict or limit your access to the Website and can further
terminate your access to Website and deny the services or any other product
available through or at our Website. This right of suspension / termination of
services of Partsbuzzs, is in addition to any other remedy available to Partsbuzzs,
for access & usage of Website or availing any of our services through
Website, which is in contravention of any of the terms and conditions of terms
of use or this agreement or any other applicable law.
Important
This
Website, including mobile application, is an online marketplace and which
provides a platform to users to avail the services. Any information provided
either through or at Website is only for information purpose and such
information does not substitute any specific advice whether investment, legal,
taxation or otherwise and are not intended to provide you with any nature of
certification, guarantee or warranty. Partsbuzzs is not responsible and cannot
be held liable for any transaction between the Website’s users.
By
accessing, browsing and using this Website or availing services, you agree and
acknowledge that, you understand this limited and restricted use and accessing,
browsing or using this Website or availing any services is out of your own free
will, discretion and responsibility.
You
expressly agree that any information provided on the Website shall be used by
you at your risk. You are advised to hereby make proper enquiries and use the
information provided on the Website.
From
time to time Partsbuzzs may supplement its terms of use with additional terms
pertaining to specific content and your usage of mobile app may further require
you to abide by the additional terms of third party e.g. play store etc. before
download and installing the mobile app. These terms are collectively referred
to as (“additional terms”). Such additional terms are hereby incorporated by
reference into these terms of Use.
Right
of terminate/suspend/discontinue of any service
Partsbuzzs
reserves its right to modify, suspend, cancel or discontinue any or all
sections, or services at any time without any notice. Partsbuzzs reserves the
right to make modifications and alterations in the information contained on the
Website without notice. You agree that Partsbuzzs shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Website.
Partsbuzzs
reserves the right to terminate any service agreement without any notice to the
user and without providing any reason whatsoever. In the event of cancellation,
the user shall pay any outstanding invoices relating to the service agreement
within the next 10 working days.
User’s
obligation and restrictions
Subject
to the compliance with all applicable laws, rules and terms and conditions of
this agreement, you acknowledge, agree and undertake that your use of the
Website shall be strictly governed by this agreement (including term of use)
and the following binding principles.
You
shall not use or access the Website or avail the services by any means other
than through the interface that are provided by Partsbuzzs when you use the
Website or Website and/or the services you specifically undertake not to host,
display, upload, modify, publish, transmit, update or share any information or
content or user content that;
You
consent to receive communications by email, call or by such other mode of
communication, electronic or otherwise related to the services provided through
the Website.
Violation
by user
You
agree that in the event your listing, posting, comment or your information
violates any clause of this agreement or Partsbuzzs listing policy, we shall
have the right to terminate and or suspend your membership of the site and
refuse to provide you or any person acting on your behalf, access to the Site.
Car
transaction services
These
conditions relate to the vehicles transacted under the Partsbuzzs “Sell it for
me” & “Buy it for me” service hereinafter referred as Partsbuzzs car
transaction services.
Customer
understands and agrees that the Company is playing only the role of a
facilitator and coordinator in the sales-purchase between Buyer and seller. The
sales-purchase transaction, token amount and all other commercial terms such as
balance payment, delivery of car etc., shall be as per the contractual
obligations agreed between the seller and the buyer only.
Customer
agrees and acknowledges that Partsbuzzs shall not be responsible for the
completion of ownership transfer, insurance and for any other documents
required under applicable law for the transfer of ownership of transacted
vehicles under Partsbuzzs car transaction services. Further, Company shall not
be responsible for any litigation, dispute or objection arising from or
incidental to the transfer of ownership registration from the concerned
authority, insurance and any other documents related to the vehicles required
under applicable law of the concerned motor vehicle registration authority.
Partsbuzzs
will charge service charges/commission along with applicable taxes from buyer
and seller as per the agreed amount and these charges will not be refundable.
Feature
Ads charges
Partsbuzzs
vehicle inspection services
By
booking a vehicle inspection with Partsbuzzs inspection service, you agree to
the following terms and conditions:
No
guarantee of increase in advertisers business
Partsbuzzs
does not guarantee business from the leads generated. Partsbuzzs shall not be
responsible or liable at all to the user/advertiser if no business or business
leads are generated for the advertiser through premium ads on the Website.
Advertiser understands that Partsbuzzs only obligation is to place the premium
ads on the Website in the manner provided for in these terms. Accuracy of the
information/content provided is the advertiser's responsibility and Partsbuzzs
will not be held responsible for false claims made by the advertiser.
Notice
of Infringement of Intellectual Property
Partsbuzzs
owns all intellectual property rights in the Website and the service, including
without limitation, the design, text, graphics, ads, user uploaded pictures,
vehicle description, vehicle inspection reports etc. the selection and
arrangement thereof.
Partsbuzzs
is not liable for any infringement of intellectual property rights arising out
of materials posted on or transmitted through the site, or items advertised on
the site, by end users or any other third parties.
If you
are an owner of intellectual property rights or an agent who is fully
authorized to act on behalf of the owner of intellectual property rights and
believe that any content or other content infringes upon your intellectual
property right or intellectual property right of the owner on whose behalf you
are authorized to act, you may write to us at support@Partsbuzzs.com to
request to delete the relevant Content in a good faith.
Rights
to user information
Partsbuzzs
reserves the discretion to withdraw any material from the Website without prior
notice and to refuse any material posted by a user. The user's registration
details and data relating to its use of the Website will be recorded by Partsbuzzs
but this information shall not be disclosed to third parties.
You
agree that Partsbuzzs may use the user information shared by you to provide
customer services and to understand if any other services or advertisement
listed on Partsbuzzs Website may interest you or to inform the User about
special offers, occasional third party offers and for other marketing and
related purposes.
Partsbuzzs
will not use User data for any other purposes than as set out in this agreement
except that Partsbuzzs may disclose this data if compelled to do so by law, or
at the request of a law enforcement agency or governmental authority.
Abusing
Partsbuzzs
Without
limiting other remedies, we may limit, suspend, or terminate your user
account(s) and access to our services, restrict or prohibit access to, and your
activities on, our services, cancel, remove or demote or otherwise restrict the
visibility of listings, delay or remove hosted content, remove any special
status associated with the account, and take technical and legal steps to keep
you from using our services if:
Content
policy
When
providing us with content (including causing content to be posted using our
services), you grant us a non-exclusive, worldwide, perpetual (or for the
duration of any copyright or other rights in such content), irrevocable,
royalty-free, and you authorize us to exercise any and all copyright,
trademark, publicity, database or other intellectual property rights you have
in or to the content in any media. Further, to the fullest extent permitted
under applicable law, you waive your moral rights in the content and promise
not to assert such rights or any other intellectual property rights you have in
the content against us, our sub licensees or our assignees.
Partsbuzzs
does not endorse any content or any opinion, statement, recommendation, or
advice expressed therein and Partsbuzzs expressly disclaims any and all liability
in connection with user content.
Partsbuzzs
reserves the right to remove infringer content, listing or block him
permanently after two warnings.
Limitation
of Liability
Notwithstanding
anything to contrary in the agreement(s), in no event shall Partsbuzzs, its
subsidiaries or affiliates and their respective officers, directors, employees,
partners or suppliers will not be liable for any direct, indirect,
incidental, special, consequential loss, loss of profit, revenue, data or
goodwill or punitive damages of any kind resulting from the use of or the
inability to use Partsbuzzs services, resulting from any goods or services
purchased or obtained or messages received or transactions entered into through
Partsbuzzs services, howsoever arising suffered by any user arising in any way
in connection with this agreement or for any liability of a User to any third
party.
Partsbuzzs
assumes no liability whatsoever for any monetary or other damage suffered by
you on account of:
Disclaimer
of warranties
You
expressly acknowledge and agree that the materials, products and services
provided to you on the Website are provided on and as it is basis, without
warranty of any kind, whether express or implied. Partsbuzzs, its officers,
directors, employees, and agents disclaim all warranties, express or implied,
in connection with the Website and your use thereof. Partsbuzzs makes no
warranty or representation for the accuracy, completeness, reliability, Website
content or any third-party content linked to this Website or timeliness of the
information provided by this web site.
You
understand and expressly agree to use this web site at your sole risk, that any
material and/or data downloaded or otherwise obtained through the use of this
web site is at your own discretion and risk and that you will be solely
responsible for any damage due to any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the Website by any third party to your
computer system or loss of your data that results from the download of such
material and/or data.
Except
as expressly set forth on this web site, Partsbuzzs disclaims all warranties of
any kind, express or implied, including without limitation any warranty of
merchantability, fitness for a particular purpose or non-infringement and it
makes no warranty or representation regarding the accuracy or reliability of
any information obtained through Partsbuzzs services, regarding any goods or
services purchased or obtained through Partsbuzzs services, regarding any transactions
entered into through Partsbuzzs services or that Partsbuzzs services will meet
any user's requirements, be uninterrupted, timely, secure or error free.
Applicable law may not allow the exclusion of implied warranties, so the
exclusion may not apply to you.
Further
you also acknowledge and agree that, any product or service advertised or
offered by a third party through the Website or any hyperlinked Website or
featured in any banner or other advertising, and Partsbuzzs will not be a party
to or in any way be responsible for monitoring any transaction between you
and/or other users and/or third-party providers of products or services. As
with the purchase of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where
appropriate.
Governing
law & jurisdiction
This
agreement shall be governed by and construed in accordance with the laws of
Pakistan and the user submits to the exclusive jurisdiction of the courts of
Lahore, Pakistan on all matters and disputes, save that Partsbuzzs may take
action against the user in any relevant jurisdiction to enforce its rights.
Compensation
You
will compensate us in full (and our officers, directors, agents, subsidiaries,
joint ventures and employees) for any losses or costs, including reasonable
legal fees, we incur arising out of any breach by you of this user agreement,
your improper use of Partsbuzzs services or your breach of any law or the
rights of a third party.
Legal
disputes
If a
dispute arises between you and Partsbuzzs, we strongly encourage you to first
contact us directly to seek a resolution by contacting support@Partsbuzzs.com. We
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation. Any claim, dispute or matter arising under or in
connection with this user agreement shall be governed and construed in all
respects by the laws of Pakistan.
General
If any
provision or clause of this user agreement is held to be invalid, void or for
any reason unenforceable, such provision shall be struck out and shall not
affect the validity and enforceability of the remaining provisions.
The
headings in this agreement for reference are solely used for convenience and
shall not have any legal or contractual significance or do not limit the scope
or extent of such section.
Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
If you
have a dispute with one or more users, you release us (and our affiliates and
subsidiaries, and our and their respective officers, directors, employees and
agents) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, arising out of or in any way connected with
such disputes.
We may
amend this user agreement at any time by posting the amended terms on www.Partsbuzzs.com.
All amended terms shall automatically be effective immediately. Your continued
use of our services after the effective date of these amended terms constitutes
your acceptance of them.
Partsbuzzs
always ensures that listed items do not infringe upon the copyright, trademark
or other intellectual property rights of third parties. If you believe that
your intellectual property rights have been infringed, please notify us
on support@Partsbuzzs.com and we will investigate.
Partsbuzzs
shall not be liable for any loss suffered by the other party or be deemed to be
in default for any delays or failures in performance hereunder resulting from
acts or causes beyond its reasonable control or from any acts of God, acts or
regulations of any governmental or supranational authority.