Effective Date:- January 1, 2007
If you wish to avail services of this Website, you must agree to the terms below as the exclusive basis which governs such transactions and must accept these terms. If you do not agree to any of the terms, do not use this Website.
This Website provides an online forum for buying and selling. The items or services offered are supplied by third parties not by Eshal Estate.
THIS AGREEMENT is made between Eshal Estate and you ("the User").
In this Agreement, the following terms shall have the following meanings:-
"Buyer" - an entity which buys from a Seller.
"Effective Date" - the date on which this set of terms and conditions entered effect.
"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
"Material" - the item or service which the Seller is offering to sell or information relating thereto. Where the Material is a service the provisions of this Agreement which relate only to products/services shall be read as inapplicable but this shall be without prejudice to the application of such provision to information on the Website relating to such service.
"Registration Details" - the details which a Buyer or Seller must provide on registering for the Website including physical address, email address, age, bank account and credit, debit or charge card details.
"Sale" - a sale effected as a direct or indirect result of marketing through the Website.
"Seller" - an entity which makes a Sale. "Service" - the provision of the Website as a forum for Sales.
"Unacceptable" - Material which under the laws of any jurisdiction from which the Website may be accessed may be considered either:-
a. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
b. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
c. to contravene legislation, including without limitation, that relating to weapons, animals or alcohol; d. might harm Eshal Estate's reputation.
"User" - either a Buyer or a Seller. "Website" - Eshal Estate 's website located at (http://www.eshalestate.com)
"Eshal Estate Ltd" - Eshal Estate Ltd which is the owner of the Website
2. TERMS WHICH APPLY TO USERS
2.1 In registering for this Website, the User must provide accurate Registration details which the User must update after any changes (except age) before using the Website for further transactions.
2.2 The User hereby warrants to Eshal Estate that it is at least eighteen years of age and legally able to enter into contracts for the Material.
2.3 Eshal Estate reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any orders for Material made by potential Buyers.
2.4 The User's Registration Details and data relating to its use of the Website will be recorded by Eshal Estate but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Website.
2.5 Eshal Estate may send a small file to the User's computer when it visits the Website. This "cookie" will enable Eshal Estate to identify the User's computer, track its behaviour on the Website and to identify the User's particular areas of interest so as to enhance the User's future visits to the Website. The cookie will not enable Eshal Estate to identify the User and Eshal Estate shall not use it otherwise than in relation to this Website. The User can set its computer browser to reject cookies but this may preclude use of certain parts of this Website.
2.6 The User hereby authorises Eshal Estate to use any information which it submits to this Website to process any Sale, inform the User of special offers and for other marketing and related purposes. Eshal Estate will not use User data for any other purposes than as set out in this Agreement except that Eshal Estate may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
2.7 If the User does not wish Eshal Estate to use its information as set out above, it should leave the Website before submitting its personal details.
2.8 If the User does not want Eshal Estate to use its email address to send information concerning the Website and related matters, the User should send a message to esupport @ Eshal Estate and insert "unsubscribe" as the subject heading.
2.9 Eshal Estate has appropriate security procedures in place to protect the User's personal information.
2.10 Eshal Estate reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Eshal Estate will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.
2.11 Eshal Estate shall not be liable for any interruption to the Service, whether intentional or otherwise.
2.12 For the avoidance of doubt, Eshal Estate is providing a service not goods.
2.13 Eshal Estate owns all Intellectual Property Rights in the Website and the Service, including without limitation, all data submitted by users, the design, text, graphics, the selection and arrangement thereof.
2.14 Eshal Estate takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Eshal Estate liable in relation to such issues, Eshal Estate requests all Users to report such matters immediately and Eshal Estate shall inform the appropriate authorities.
3. LIMITATION OF LIABILITY
3.1 Eshal Estate is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement, Sales or for any liability of a User to any third party.
3.2 Whilst Eshal Estate will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.
3.3 Eshal Estate shall not be liable for ensuring that the Material on the Website or supplied by virtue of a Sale is not Unacceptable Material and the Buyer in making any purchase from the Website accepts that it does so exclusively at its own risk.
3.4 Eshal Estate is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
3.5 Eshal Estate is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
3.6 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Eshal Estate or its appointed agents.
3.7 Eshal Estate is not responsible for the direct or indirect consequences of the User linking to any other website from this Website.
>4. WARRANTIES AND INDEMNITY
4.1 Eshal Estate does not represent or warrant that the information accessible via the Website is accurate, complete or current. Eshal Estate has no liability whatsoever in respect of any use which the User makes of such information.
4.2 Material has not been written to meet the individual requirements of the Buyer and it the Buyer's sole responsibility to satisfy itself prior to entering into a Sale that the Material is suitable for its purposes.
4.3 All warranties, express or implied, statutory or otherwise are hereby excluded.
4.4 The User hereby agrees to indemnify Eshal Estate against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.
5.1 Subject to above clauses, this written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 7.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
5.2 Eshal Estate reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to entering into a transaction, Users should check that the effective date has not altered. If it has, the User should examine the new set of terms and only enter into a transaction if it accepts the new terms.
5.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
5.4 Eshal Estate reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
5.5 The User may not assign or otherwise transfer its rights or obligations under this Agreement without Eshal Estate's prior written consent.
5.6 Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Eshal Estate of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
5.7 Eshal Estate 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 (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
5.8 Any delay or forbearance by Eshal Estate in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
5.9 This Agreement shall be governed by the laws of Pakistan and the parties submit to the non-exclusive jurisdiction of the Courts of Pakistan.