Term Conditions Page

Terms and conditions

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:

  • I agree to Marca collecting, using, disclosing, and/or processing your Content, personal data, and User Information in accordance with the Privacy Policy
  • Accept and recognize that you and Marca jointly possess the property rights to your User Information; and
  • Shall not, directly or indirectly, disclose or enable any third party to access or use your User Information without Marca's prior written authorization.

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

  • Some of our Services need the creation of an Account by providing a user identity ("User ID/Email") and password, as well as some personal information. If you choose a User ID that Marca deems offensive or improper, Marca reserves the right to suspend or cancel your Account. You may be able to use your Account to get access to other goods, websites, or services to which we have granted access or with which we have partnered. Marca has not examined, and accepts no responsibility for, any third-party content, functionality, security, services, privacy policies, or other practices associated with any goods, websites, or services. If you do so, the terms of service for such goods, websites, or services, including their individual privacy policies, may also apply to your use of those products, websites, or services, if they differ from our Terms of Service and/or our Privacy Policy.
  • You agree to (a) keep your password private and use only your User ID and password when logging in, (b) log out of your account at the end of each session on the Site, (c) immediately notify Marca of any unauthorized use of your Account, User ID, and/or password, and (d) keep your Account information accurate and up to date. You are totally liable for any actions that occur under your User ID and Account, even if you did not commit such acts or uses. Marca will not be liable for any loss or damage caused by unauthorized use of your password or your failure to follow the terms of this Section.
  • You acknowledge and agree that Marca may, at any time and for any reason, in its sole discretion, and without prior warning or liability to you or any third party, immediately terminate your Account and your User ID, revoke any subsidies offered to you, cancel any transactions connected to your Account and User ID, temporarily hold back any sale proceeds or refunds, or, in more severe circumstances, permanently withhold any sale proceeds or refunds, and/or take other actions. These actions may be taken for a variety of reasons, including, but not limited to, actual or suspected (a) prolonged periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive behaviour, (d) having multiple user accounts, (e) purchasing items on the Site with the intent to resell them for a profit, (f) abnormal or excessive purchasing from the same Seller or related group of Seller (g) the misuse of vouchers (including, but not limited to, the sale of coupons to third parties, the sale of vouchers or other credits at a substantial markup above face value, and/or the erroneous or excessive use of vouchers on the Site); (h) the development, exploitation, or use of any unauthorized third-party software or products in conjunction with or to operate the functions available on Marca; or (h) conduct that is detrimental to other Users, third parties, or the business interests of Marca. Without warning to you, law enforcement may be notified about the use of an Account for fraudulent, unlawful, harassing, abusive, threatening, or abusive reasons. If a legal issue or police investigation involving your account or usage of the services develops for whatever reason, Marca has the right to terminate your account at any time, with or without cause.
  •  Users may close their Accounts by giving Marca written notice of their intent to do so (including by email at help@support.marca.pk).You acknowledge and agree that your account will be closed at the latest twenty-four (24) hours following the request for closure. Despite any such termination, Users continue to be accountable and liable for any unresolved issues (whether started before or after such termination), product shipment, product payment, and similar obligations. Users must get in touch with Marca once all internal conflict has been promptly and effectively carried out and completed in accordance with the Terms of Service. Any losses caused as a result of the measures taken in line with this Section shall not be the responsibility of Marca. Users release Marca from any liability for any such activity.

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:

  • any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invading another's privacy, hateful, or objectionable due to its race, ethnicity, or other characteristics must not be uploaded, posted, transmitted, or otherwise made available;
  • use the Services to endanger minors in any way, or upload, post, transmit, or otherwise make available any Content depicting an unsupervised minor;
  • use the services or submit content with the intent to impersonate anyone or anything, or to otherwise misrepresent your association with someone or something;
  • fabricate headers or otherwise tamper with identifiers to mask the source of any Content sent via the Services;
  • take any proprietary notices off the website;
  • permit or encourage the translation, modification, or creation of derivative works based on the Services without Marca's prior consent;
  • utilise the Services in a manner not permitted by the licences granted herein or for the benefit of any third party;
  • use the Services or upload Content in an unethical, dishonest, false, deceitful, or dishonest manner;
  • create and/or manage numerous user accounts in connection with any behaviour that contravenes these Terms of Service in both letter and spirit;
  • take any action that could damage the rating or feedback systems;
  • make an effort to break any encryption technology or security measures Marca has put in place with regard to the Services and/or data that is communicated, processed, or kept by Marca; (o) attempt to decompile, reverse engineer, disassemble, or hack the Services (or any portion thereof);
  • gather any data or information, including without limitation any personal data or information, about or pertaining to other Account Holders;
  • upload, email, post, transmit, or otherwise make available any Content that you are not authorized to make available by any law, contract, or fiduciary relationship (such as insider information, proprietary information, and confidential information learned or disclosed through employment relationships or under nondisclosure agreements);
  • upload, email, post, transmit, or otherwise make available any Content that you are not authorized to make available by any law, contract, or fiduciary relationship (such as insider information, proprietary information, and confidential information learned or disclosed through employment relationships or under nondisclosure agreements);

 

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:

  1. Removal of the listing
  2. Restrictions on Account privileges
  3. Account suspension and termination that follows
  4. Charges of crime
  5. Civil actions, such as without limitation a demand for monetary compensation and/or temporary or injunctive relief

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