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By using this site unbeatable.com.pk and/or placing an order from this site, you accept these terms and our privacy policy without any reservations or qualifications and agree to be bound by these terms and our privacy policy. If you do not agree to these terms, please do not use the site unbeatable.com.pk or any of the services provided on the site, or place an order from the site.
These terms constitute an agreement between you (hereinafter, “you” or “your”) and Unbeatable!, sole proprietorship organized under the laws of Pakistan registered in Karachi, doing Business as Unbeatable! (hereinafter, “us,” “our,” “we,” “Unbeatable,” or the “vendor”), in relation to your use of the Website, the goods/services offered and sold through this website, and any orders you place through the website collectively, the “unbeatable services”). Before you place an order, please carefully read these terms and our privacy policy.
You agree that:
1. You may only use the website to make legitimate inquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant Authorities.
3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our privacy policy for more information on how we use your personal information).
4. If you do not give us all of the information that we need, we may not be able to complete your order.
5. You will not attempt to interfere or interfere in any way with the site's or our networks or network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.
6. You will not use the site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
7. You will note use the site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
8. By placing an order through the website, you represent and warrant that you are at least 18 years old and are legally capable of entering Into binding contracts.
2) How purchase contracts are formed
No contract (“contract”) in respect of the purchase of a product offered on the site shall exist between you and us until your order has been accepted by us and we dispatch your shipment. If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. To place an order, you will be required to follow the shopping process online. After this, you will receive an email from usacknowledging that we have received your order . Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “shipment confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation.
3) Availability of products
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
4) Refusal of order
We reserve the right to withdraw any product from this website at any time and/or remove or edit any materials or content on this website. While we will take reasonable efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order summary, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the order summary.
5) Risk and title
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery and payment of cash on delivery.
6) Price and payment
The price of the products shall be the one quoted from time to time on our website, except where there is an apparent error. While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an order summary or tracking id) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and inclusive of sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which an order confirmation has been sent, therefore (except as provided above) price adjustments on previous orders are not permitted.
We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) according to the shipping address of your order.
7) Liability and disclaimers
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product. We publish information on this site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual accuracies and typographical errors. We reserve the right to make corrections and changes to the site at any time without notice.
The products described in the site may not be available in your region. We do not claim that the information in the site is appropriate to your jurisdiction or that the products described in this site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of the site, which is provided “as is.” We disclaim all warranties, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the site will meet users expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
We make no warranties of any kind regarding any non-unbeatable sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-unbeatable sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.
In no event shall Unbeatable, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on or accessed through the site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if Unbeatable or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow this limitation or exclusion of liability so some of the above limitations may not apply to you. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
8) Intellectual property
The site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “materials”), is UNBEATABLE by SHAHLA RAHMAN property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under PAKISTAN and/or foreign laws. Except as otherwise provided on the site or in these terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any materials from this site in whole or in part, for any public or commercial purpose without the specific prior written permission of unbeatable. We grant you a personal, limited, non-exclusive, non transferable license to access the site and to use the information and services contained on the site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the site and to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, the materials on the site as well as features and/or hours of availability of the site, and we will not be liable to you or to any third party for doing so.
We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
9) Indemnity
You agree to defend, indemnify and hold Unbeatable, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of the terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
10) Binding nature; assignment
These terms and our privacy policy are binding on you and us and on our respective heirs, successors and assigns. You may not transfer, assign, charge or otherwise dispose of these terms or our privacy policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and our privacy policy, or any of our rights or obligations arising under them, at any time.
11) Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “force majeure event”). A force majeure event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the force majeure event to a close or to find a solution by which our obligations may be performed despite the force majeure event.
12) Waiver
No failure of Unbeatable to enforce any of its rights or remedies under these terms will act as a waiver of such rights and remedies. A waiver by usof any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13) Severability
If any of these terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14) Entire agreement
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such terms, except as expressly stated in these terms.
15) Our right to modify these terms
We have the right to revise and amend these terms at any time. You will be subject to the terms and Unbeatable! policies in force at the time that you order products from us, unless any change to those policies, terms or privacy policy is required to be made by law or governmental authority, in which case it will apply to orders previously placed by you.