You
accept these terms and conditions, the site's privacy statement, and its return
and refund policies by using Marca.pk (the "Site"). Before using
Marca.pk, please read the Terms and Conditions carefully.
1. INTRODUCTION
Greetings from the Marca platform (the
"site" "Application:
Android, IOS"). Before using this Site or creating an account
("Account") with Marca, please carefully read the following Terms of
Service so that you are informed of your legal rights and duties with respect
to Crea-Biz & its affiliates (CBiTech, Businify, Dakiya"Marca",
"we", "us" or "our"). The "Services" we
provide or make available consist of:
(a) the Site, (b) the services offered
by the Site and by Marca client software made available through the Site, and
(c) all data, text, images, photographs, graphics, music, sounds, video
(including live streams), messages, tags, content, programming, software,
application services (including, without limitation, any mobile application
services), and other materials made available through the Site
("Content").
These Terms of Service also apply to
any new features that are added to or enhanced the Services. Your usage of
Services offered by Marca is subject to these Terms of Service.
The Service provides a place and
opportunity to sell products between a buyer (“Buyer”) and a seller (“Seller”)
(collectively, “You”, “User” or “Party”). Consists of online platform services
that provide The actual contract for sale is not directly between Buyer and
Seller and Marca is a Platform that will be entirely responsible for the
between seller and buyer, the listing of goods, warranty of purchase etc. Marca
is involved in the transaction between Users and seller. Marca may or may
not pre-screen Users, their Content, or the information they submit. Marca has
the right to delete any Content or information that you have put on the Site.
Marca cannot guarantee that Users will finish a transaction.
You
must read and agree to all terms of these Terms of Use before becoming a user
of the website to the use of your personal data as described in the Privacy
Policy.
Marca
has the right, at any time and without notice, to update, modify, suspend, or
discontinue all or any portion of this Site or the Services. Marca may release
certain Services or their features, which may or may not function correctly or
in the same way as the final version, and we will not be liable in such cases.
Marca may also, in its sole discretion and without notice or liability, limit
certain features or restrict your access to sections of, or the entire, Site or
Services.
Marca
reserves the right, for any reason, to deny you access to the Site or Services
or to allow you to register an Account.
BY
USING MARCA SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE
ACCEPTANCE AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE
ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED POLICIES.
PLEASE
DO NOT USE OUR SERVICES OR ACCESS THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
IF YOU ARE UNDER THE AGE OF 15 ACCORDING TO OUR PRAVICY POLICIES, YOU MUST GET
PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT, AND THAT PARENT
OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT DO NOT CREATE AN ACCOUNT UNTIL AFTER
CONSULTING WITH YOUR PARENTS. OR LEGAL GUARDIAN FOR HELP IF YOU DO NOT KNOW IF
YOU HAVE REACHED THE LEGAL AGE OR DO NOT UNDERSTAND THIS SECTION.
2. PRIVACY
At Marca, we value your privacy very much. We
have published the Marca.pk Privacy Policy to clarify our privacy practices in
full in order to better safeguard your rights. Please read the Privacy Policy
to learn how Marca collects and utilizes information related to your Account
and/or usage of the Services (the "User Information"). You agree to
the following terms by using the Services or giving information on the Site:
Users
who obtain another User's personal data through the use of the Services (the
"Receiving Party") agree to I comply with all applicable personal
data protection laws with respect to any such data; (ii) allow the User whose
personal data the Receiving Party has obtained (the "Disclosing
Party") to remove his or her data from the Receiving Party's database; and
(iii) allow the Disclosing Party to review what information has been obtained.
3. SOFTWARE
Any software that we deliver to you as part of
the Services is subject to the terms of these Terms of Service. Marca reserves
all rights to the software that are given hereunder. Any scripts or code linked
to or referenced from the Services are licenced to you by Marca.
4. SECURITY AND ACCOUNTS
5. TERM OF USE
The
permission to use this site and its services is valid until it is terminated.
If you do not abide by any term or condition of these Terms of Service, this
permission will cancel as specified in these Terms of Service. In such a case,
Marca terminate your account with or without giving you advance notification.
You have agreed not to:
You are aware that all Content,
whether it is publicly posted or privately sent, belongs to the person from
whom it originally came. This means that all Content that you upload, post,
email, transmit, or otherwise make available through the Site is totally your
responsibility and not Marca's. You are aware that by using the Site, you could
be exposed to Content that you find objectionable, offensive, or indecent.
Under no circumstances, including, but not limited to, any mistakes or
omissions in any Content, or any loss or damage of any kind sustained as a
result of the use of, or reliance on, any Content, will Marca be liable in any
way, to the fullest extent permitted by applicable law.
You agree that without incurring any
liability to you, Marca and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, delete, stop,
suspend, remove, or move any Content that is available on the Site, including without
limitation any Content or information posted by you. Without limiting the
aforementioned, Marca and its designees shall have the right to remove any
Content that I violates these Terms of Service or our Prohibited and Restricted
Items Policy; (ii) is the subject of a user complaint; (iii) is the subject of
a notice of alleged infringement of a third party's intellectual property or
other legal order or request for removal; and (iv) is otherwise prohibited by
law. Or (iv) If the Content is in any other
way offensive. In an effort to safeguard the Services or our Users, we may also
refuse to distribute communications (including but not limited to status
updates, postings, messages, and/or chats) to or from the Services. We may also
take other measures to enforce the terms of these Terms and Conditions. You
acknowledge that before using any Content, you must evaluate it and assume all
risks involved, including any reliance on its accuracy, completeness, or utility.
In this regard, you recognize that you have not relied on any Content provided
by Marca or contributed to Marca and may not do so, to the fullest extent
authorized by applicable law, including, without limitation,
information in Marca Forums and in all other parts of the site.
You acknowledge, agree, and permit
Marca to access, preserve, and/or disclose your Account information and Content
to any legal, regulatory, or governmental authority, the relevant rights
holder, or other third parties as may be required by law, as may be done in
response to a court order, as may be done in response to a lawful request by
any governmental or regulatory authority having jurisdiction over Marca, or as
may be done in the good faith belief that such access, preservation, or
disclosure is reasonably necessary. or
(e) defend the interests of Marca, its users, and/or the general public; or
6. VIOLATION OF
OUR TERMS OF SERVICE
Any
or all of the following may happen in response to violations of this policy,
without limitation:
Please
email helpsupport@marca.pk if you suspect a User on our site is breaking our
terms of service.
7.
PURCHASING AND PAYMENT
One or more of the following payment
methods are accepted by Marca:
One is a credit card.
Card payments are processed through
third party payment channels. Depending on where you live, the types of credit
cards accepted by these payment channels may vary.
Cash on Delivery is an option (COD)
Upon receiving the ordered item,
buyers have the option of paying the delivery agent in cash directly.
Additional online payment methods
The numerous online payment options
offered on the Site are available to buyers for payment.
Any loss or damage to the buyer
resulting from incorrect shipping and/or payment information entered by the
buyer, or from a wrong remittance made by the buyer in connection with the
payment for the purchased items, is not the responsibility of Marca, and Marca
disclaims all liability in this regard. We retain the right to determine whether
Buyer is properly authorized to use a particular payment method and may halt
the transaction until such authorization is confirmed or halt the relevant
transaction in the absence of such confirmation.
8.
DELIVERY
When Marca receives the purchase funds
from the buyer, it will notify the seller. Then, unless otherwise agreed with
Marca, Seller must make all necessary arrangements to deliver the bought item
to the Buyer and shall notify the Buyer through the Site of such arrangements,
including the name of the delivery company, the tracking number, etc.
The Marca Guarantee Period or the time
frame that the seller specifies on their offering, whichever is appropriate,
must be adhered to by the seller in order for the buyer to receive the acquired
products.
The delivery service offered by the
logistics service provider working in conjunction with Marca for the
delivery of items by the Seller to the Buyer inside the Pakistan Marca
serves as a middleman to connect the Seller, the Buyer. We hire and
utilise the services of the logistics service provider to convey goods from the
Seller to the Buyer are the Seller and the Buyer. Each time a service or
product is delivered, the buyer and seller are responsible for covering the
associated shipping charges.
Users accept that the seller is
responsible for any risks associated with delivery of the bought item(s) and
that the seller has obtained or will get sufficient insurance coverage for such
delivery (s). Users acknowledge and agree that Marca will not be liable for any
damage, expense, cost, or fee resulting therefrom in the event that the purchased
item(s) are damaged, lost, or fail to deliver during the course of delivery,
and Seller and/or Buyer will contact the logistics service provider to resolve
such dispute.
For the avoidance of
doubt, for all delivery services, Marca’s responsibility is limited to
facilitating Buyer's reports/complaints to the Seller and/or the
courier/delivery service provider company concerned. If the Buyer does not give
notice within a reasonable period of time as specified in the Marca Policies
and Marca Guarantee, the Buyer shall be deemed to have received the Product in
accordance with the Marca Policies. Each Buyer and Seller understands and
agrees that Marca will not be responsible for, and holds Marca harmless from,
any damages, expenses, costs or fees arising from shipping the products. The
Seller and/or Buyer will discuss any complaints with the logistics service
provider, through Marca, to resolve the issue.
9.
CANCELLATION, RETURN AND REFUND
Only before the deposit of the buyer's
purchase money into the Marca Account may the buyer cancel his or her
transaction.
Subject to and in line with Marca's
Refunds and Return Policy, the buyer may ask for the return of the purchased
item and refund prior to the expiration of the Marca Guarantee Period, if
applicable. For further details, please see Marca's refund and return policy.
Marca retains the right to revoke any
transaction made on the website for legitimate or legal reasons, such as when
the buyer and seller are unable to or refuse to fulfil the terms of the
purchase agreement. Buyer acknowledges that the only available remedy is a
reimbursement of the Purchase Monies placed into the Marca Account.
10. FEEDBACK
Marca invites suggestions and comments
from its users that will help it enhance the level of service it offers. For
further details, please see the section below about our feedback process:
(a) Comments may be sent in writing
through email to or using the website's feedback form.
(b) Anonymous comments won't be taken
into consideration.
(c) Users who were impacted by the
feedback should have access to all information and be given a chance to present
their side of the story.
(d) Feedback that is ambiguous or slanderous
won't be accepted.
11. DISCLAIMERS
THE SERVICES ARE PROVIDED "AS
IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND MADE
BY MARCA OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREA MARCA DOES NOT WARRANT THAT THE SERVICES, THIS SITE, OR THE
FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL
BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE
ARE FREE OF VIRUSES, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS, OR ANY OTHER
HARASSING CODES, INSTRUCTIONS, PROGRAMS, OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU.
MARCA
ACCEPT RESPONSIBILITY FOR:
WE
WILL PERSONALLY RESOLVE THE ISSUES BETWEEN THE SELLER AND THE BUYER AND.
SELLER
AND THE BUYER WILL NOT DISCUSS ANY ISSUES BETWEEN EACHOTHER.
SELLER'S ABILITY TO SELL THE GOODS OR
BUYER'S ABILITY TO PAY FOR THE GOODS TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
AS BUYER
AND SELLER DISCUSSED THE PROBLEM DIRECTLY EACHOTHER, THE MARCA IS NOT
RESPONSIBLE FOR ANY HARM, DEMANDS AND
DAMAGES.
12. LINKS TO
THIRD PARTY WEBSITES AND SHARING YOUTUBE VIDEOS
You can exit this website by clicking
on any of the external links given within it. You should only use these links
at your own risk because Marca has no control over the websites they connect to
and only provides them as a convenience. The connected sites' and their links'
contents, including any modifications or updates to those sites, are in no way
the responsibility of Marca. These links are only provided by Marca as a
convenience, and the presence of any link in no way implies or expresses Marca's
association with, endorsement of, or sponsorship of any linked site and/or any
of the material found there.
Marca's Marca Livestream function
("YouTube Content") enables you to share YouTube videos. You hereby
consent to be bound by the YouTube Terms of Service by sharing any YouTube
content.
13. YOUR CONTRIBUTIONS TO THE SERVICES
You represent and certify that you
have all necessary rights and/or permissions to grant the licences below to
Marca by submitting Content for inclusion on the Services. You further
acknowledge and agree that everything you post or otherwise make available on
or through the Services is solely your responsibility, including without
limitation any contributions to Content's accuracy, reliability, nature, right
clearance, compliance with the law, and legal restrictions.
Any content, information, or idea you
post on or through the Services or send to Marca in any other way (each, a
"Submission") is not protected by Marca's confidentiality policies
and may be used by the company for any purpose without restriction, including
but not limited to creating, producing, and marketing products. By submitting
an idea to Marca, you acknowledge and agree that Marca and/or other parties may
independently develop products, software, applications, interfaces, and
modifications and enhancements of the same that are identical or similar in
function, code, or other characteristics to the concepts presented in your
Submission. In light of this, you hereby grant
Marca and its successors a perpetual, irrevocable, worldwide, non-exclusive,
royalty-free, transferable licence to create the aforementioned items as well
as to use, copy, distribute, republish, transmit, modify, adapt, create
derivative works of, publicly display, and publicly perform any Submission on,
Through, or in connection with the Services in any media formats and through
any media channels, including, without limitation, without limitation (and its
derivative works). Except in the event that you make such personal information
publicly accessible on or via the Services, this clause does not apply to any
personal information covered by our privacy policy.
14. YOUR
REPRESENTATIONS AND WARRANTIES
You represent and warrant the
following:
(a) You have the legal capacity (and,
in the case of a child, valid parental or legal guardian consent), right, and
ability to engage into and comply with these Terms of Service; and
(b) You will only use the Services for legal purposes and in compliance with these Terms of Service as well as any relevant laws, rules, codes, directives, guidelines, policies, and regulations.
15. GENERAL PROVISIONS
Marca reserve/maintains all rights not
expressly granted in this document.
Marca reserves the right to change
these Terms of Service at any time by publishing the amended Terms of Service
on this Site. Your continued use of this Site following the posting of such
modifications shall represent your acceptance of such new Terms of Service.
You may not assign, sublicense, or
transfer any of your rights or responsibilities under this agreement.
Nothing in these Terms of Service
creates a partnership, joint venture, or principal-agent relationship between
you and Marca, nor does it give you the authority to incur any costs or
obligations on Marca's behalf.
Marca's failure to require performance
of any provision hereof at any time or times shall in no way affect its right
to enforce the same at a later time unless waived in writing.
Marca's omission to compel fulfilment
of any term hereof at any time or times shall in no way impact its right to
enforce the same at a later time unless waived in writing.
The terms set justify in these Terms
of Service, as well as any agreements and policies included or referred to in
these Terms of Service, constitute the parties' entire agreement and
understanding with respect to the Services and the Site, and supersede any
prior agreement or understanding between the parties on such subject matter.
The parties also expressly exclude all factually implicit terms. The parties
have not relied on any statement, representation, guarantee, understanding,
undertaking, promise, or assurance other than those specifically set up in
these Terms of Service in entering into the agreement established by these
Terms of Service. . Each party
irrevocably and absolutely waives all claims, rights, and remedies that it
might have had in connection to any of the foregoing but for this Section.
These Provisions of Service may not be refuted, clarified, or augmented by
proof of any earlier agreement, contemporaneous oral agreement, or consistent
additional terms.
If you have any
questions or concerns about these Terms of Service or any issues raised in
these Terms of Service or on the Site, please contacts us at: helpsupport@marca.pk.
4. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT
US
12.1 Regarding our privacy practices, if you
have any inquiries or worries, we welcome you to contact us by e-mail helpsupport@marca.pk or by
physical mail to:
Email: helpsupport@marca.pk
Contact#:
+92
304 111 0443
Address: Office No: 182, behind Imtiaz Super Store,
Block 2
Gulshan-e-Iqbal, Karachi, Karachi City, Sindh 74600