Masti Technology Private Limited (the “Company”) owns and operates the online platform comprising of a website and mobile application existing under the name and styling of “JALDI TECHNOLOGY” (the “Site”) for the provision of certain lead generation and sales management services (the “Services”) in the following manner:
- You shall integrate your social media accounts with your account on the Site and place all advertisements on social media through the aforesaid account. Any and all clicks on advertisement placed through the aforementioned method shall be converted into sale leads/prospective customer data and stored on the Site.
- You shall upload your existing sale leads lists onto the Site.
For the purposes of clarity, ‘Services’ shall include any other services or benefits that the Company may offer on the Site from time to time. By browsing or accessing the Site in any manner whatsoever, you hereby agree and undertake that the terms and conditions contained herein (the “Terms”) shall govern your use of the Site and the Services.
The Company may modify the Terms at any point in time at its sole discretion and without any prior notification. The Company shall bear no responsibility or liability towards you or any third-party for any variations or modifications to the Terms. You are advised to regularly review the Terms and, in the event that you consider any modifications thereto to be unacceptable, you are advised to discontinue accessing the Site and availing the Services. Your continued use of the Site and Services shall constitute acceptance of any amended or modified Terms.
Registration of Account
- For the purposes of registering for this Site, you hereby agree and undertake that you shall provide accurate and complete details which shall remain updated at all times, having particular regard to the name of your organization, your full legal name, date of birth, CNIC Number, mobile number & current and permanent residential address and such other information that the Company may require from time to time.
- You hereby represent and warrant that you are at least eighteen (18) years of age and legally competent to enter into contracts.
- Your use of the Site and Services shall be constituted as your acceptance and acknowledgement that you satisfy the eligibility criteria laid out under these Terms.
By accessing the Site and availing the Services, you hereby agree and undertake the following:
- You shall not use the Site or Services for any illegal or fraudulent purpose and/or in connection with any unlawful or criminal activity;
- You shall not use the Site or Services in a malicious manner, for example, by hacking into or inserting a malicious code or virus into the Site or any third-party operating system;
- You shall not transmit any data or material designed to temporarily or permanently damage, interrupt, corrupt or impair the functionality of the Site and/or any other device or network.
- You shall not use the Site or Services to gain unauthorized access to other user accounts or computer systems;
- You shall not impersonate any person or misrepresent that you are affiliated with any company, organization or entity;
- You shall not engage in any behavior which interferes with other users’ enjoyment of the Site and Services;
- Any other behavior which the Company determines, at its sole discretion and without prior notification, are incompatible with its values and policies.
Failure to comply shall entitle the Company to suspend or terminate your use of the Site and Services and/or pursue all legal remedies and actions against you.
Right to modify, update or upgrade
- The Company reserves the right to modify, change, update and upgrade the Site at its sole and exclusive discretion.
- The Site may, from time to time, require you to download the necessary updates or upgrades, The Company shall not be held liable in the event of any loss, harm, denial of service, error, glitches or loss of functionality that may arise due to your failure to download a required update or upgrade on the Site.
- Notwithstanding the above, the Company is under no obligation to ensure the Site remains updated or upgraded so as to ensure its relevance for you.
- You are solely responsible and liable for undertaking all necessary precautions for the purposes of maintaining confidentiality regarding your user identification information, passwords and related account details. You shall ensure, at your own risk and cost, that all devices utilized by yourself for the purposes of using the Site and Services are adequately protected against any unauthorized access, misuse or disclosure of your account and/or related account details. In the event that the security of such devices or software are breached, the Company shall not be held liable towards you or any third-party for any loss or damage.
- In the event that you authorize a third-party to use and access your account on the Site, you shall be held solely and exclusively responsible and liable for the actions or omissions of such third-party and/or for any Services availed through the Site, irrespective of whether or not you permitted said third-party to avail such Services.
Payment & Event of Default
You hereby agree and acknowledge that all remuneration and payments shall be made by you to the Company in accordance with the Services Agreement duly executed between yourself and the Company.
In the event of any default, you shall make payment of any penalties and charges to the Company, as prescribed under the terms and conditions of the Services Agreement. In addition, the Company reserves the right to indefinitely suspend or terminate your access to the Services and Site in the event that you breach the terms and conditions of the Services Agreement, these Terms & Conditions and/or in the event of any failure to make timely payment of whole or part of the remuneration payable by you to the Company under the Services Agreement The foregoing shall not preclude the Company from seeking any remedies against you under the applicable laws.
You hereby authorize the Company to contact you by phone call, SMS, e-mail, social media and/or by conducting an in-person visit at your residential or office address and/or at any other location where the Company reasonably believes you may be present. The Company may contact you in the foregoing manner in order to issue reminders to you to make payment of any amounts due and payable by yourself to the Company.
Collection & Use of Data
- By accessing the Site and availing the Services, you hereby agree and consent to the Company collecting, storing, processing and transmitting any data (including personal and financial information) that you input, route through or make available on the Site through any means including but not limited to IP address, login data, location, time zone setting, feedback/survey responses, usage data (including without limitation search history and devices utilized to access the Site), browser type and version, mobile model, device settings, cookie information, your correspondences with us in electronic or non-electronic form, statistical/demographic data and your preferences in receiving marketing and communication from the Company (the “Data”).
- You hereby agree, represent, warrant and undertake that the Company shall be entitled to retain the Data for its business purposes. In various circumstances, the Company may anonymize your Data for research and statistical research, so that the Data is no longer personally identifiable to you. Furthermore, the Company may utilize the Data in order to, without limitation, enhance your experience on the Site, assess your eligibility to continue availing the Services, or share the Data with its partner merchants, affiliates, subsidiaries and related third-parties to offer you special benefits.
- Third-Party Data: You hereby agree and confirm that any third-party Data (the “Third-Party Data”) uploaded by you on the Site has been obtained subject to the prior approval of the concerned third-party. The Company is not the source of the Third-Party Data and shall not be held liable towards you for any inaccuracy, error, glitch or discrepancy of the Third-Party Data. You shall ensure that the Third-Party Data is kept secure and confidential and you shall modify or delete the Third-Party Data upon the concerned third-party’s request. You shall indemnify and hold harmless the Company against any loss, harm or damage incurred by the Company or any claims, investigations, suits or proceedings initiated against the Company due to any disclosure or illegal means of obtaining the Third-Party Data.
- You hereby authorize the Company to carry out cross-border transmission of all Data provided by you to the Company through the use of the Site and Services.
- You shall be solely and exclusively responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights, if any, associated with the Data (including Third-Party Data) uploaded and/or made available on the Site.
- The use of the Data shall be subject to any and all applicable laws, rules and regulations.
- You hereby consent to receiving communications from the Company regarding the Services through postal mail, e-mail, phone-call, SMS and/or through notification on your Site account. The Company may
- You agree and understand that the Company shall monitor and record all communications with you for quality control and training purposes.
- All electronic communications shall be deemed to have been received by you within twelve (12) hours from the time of dispatch. All postal mail shall be deemed to have been received by you within three (3) working days from the date of dispatch.
Intellectual Property Rights
The ownership of all rights in the trademarks, copyrights, design rights, patent rights, source codes, data, servers, platforms, software applications, confidential information, domains, the Site and other applications, databases, networks or other intellectual property rights of the Company (collectively referred to as the “Intellectual Property Rights“) shall at all times remain the exclusive property of the Company and nothing contained in these Terms shall be construed to confer or create a right in favor of the any user to use or appropriate the Intellectual Property Rights unless authorized in writing by the Company. The Site is solely and independently developed by the Company and therefore is the work product and intellectual property of the Company. It is hereby agreed and understood between that the title, ownership and propriety rights in the Site shall at all times remain with the Company. You shall not, directly or indirectly, infringe, reverse engineer, de-compile, disassemble or otherwise attempt to derive source code or other trade secrets from the Site, its’ related platforms, applications or software and/or from any other Intellectual Property Rights.
You shall be responsible for payment of all direct and indirect federal, provincial or local taxes, duties, cess, fees, levies, or charges of whatsoever nature payable with respect to the purchase of products or utilization of Services as may be prescribed or levied from time to time under any applicable law.
Third Party Vendors
The Company relies on third party vendors to assist and provide information to the Company in order to operate the Site. The Company accepts no liability for any loss, damage and/or loss of functionality of the Site or Services, whether direct or indirect, that is attributable to your use of the Site or Services including but not limited to such components of the Site or Services that are shared by third party vendors. Insofar as such third party services are concerned, you shall, in addition to these Terms & Conditions, be subject to the terms and conditions of such third party vendors.
Indemnification & Enforcement
- You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms & Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
- By accessing this Site and availing the Services, you hereby agree and acknowledge that the restrictions contained under these Terms & Conditions are reasonable and necessary to protect the business and interests of the Company and that any violation of these restrictions would cause the Company substantial irreparable injury. Accordingly, you agree that a remedy at law for any breach of the covenants or other obligations in this Terms & Conditions would be inadequate and that the Company, in addition to any other remedies available, shall be entitled to seek and rely on the following; (i) obtaining restraining orders (ii) lodging of first investigation reports (FIR’s) and (iii) obtaining preliminary and permanent injunctive relief to secure specific performance of such covenants and to prevent a breach or contemplated or threatened breach of these Terms & Conditions without the necessity of proving actual damage and without the necessity of posting bond or security, which you expressly waive. You shall provide the Company with a full accounting of all proceeds and profits received by you as a result of or in connection with a breach of these Terms & Conditions. Unless prohibited by law, the Company shall have the right to retain any amounts otherwise payable by the Company to you to satisfy any of your obligations as a result of any breach of this Agreement.
- Your obligations under this Clause 12 shall survive the suspension or termination of your use of the Services and/or Site.
Limitation of Liability
- The Site, including all content, software, functions, materials and information made available on or provided in connection with your access to and use of the Site, are provided “as-is.” You hereby acknowledge and confirm that you shall access and use the Site at your own risk, cost and expense.
- The Company hereby disclaims: (i) any representations or warranties regarding the Site and Services or the transactions contemplated by this Agreement, including any implied warranties of merchantability or fitness for a particular purpose, (ii) implied warranties arising out of course of dealing, course of performance or usage of trade and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from the Company’s negligence. No representation or warranty is provided by the Company that the functions contained in the Site shall meet your requirements or be available in timely, secure, uninterrupted or error free The Company does not guarantee that the Site and Services shall be functional or available at all times and/or free from any errors, glitches, defects, viruses, downtime and/or other forces on the internet.
- You acknowledge that the Site may be suspended in whole or part from time to time, whether due to any factors including but not limited to routine maintenance, downtime, errors, glitches or other interruptions. The Company shall not be held liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any request to avail the Services on the Site.
- You hereby release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Services. The Company shall not be held liable (whether in contract, warranty or tort including negligence, product liability or otherwise) to you or any other person for any loss of profit, revenue, business or data or any punitive or consequential damages arising out of or relating thereto.
- The Company shall not be held liable towards you or any third-party in the event of any loss, claims, harm or damage arising from use of the Site or Services in combination with any third-party software, hardware or materials.
Quality of Sales Leads
The Company shall not be held liable towards you or any third-party for the quality of any sales leaded generated through the use of the Services.
The Company shall not be liable for any loss suffered by you or any third-party for failure to perform whole or part of its obligations resulting from acts or causes beyond its reasonable control or any acts of God including but not limited to COVID-19, pandemics, strikes, forces on the internet, floods, earthquakes, storms, weather conditions, enactment of new laws and/or amendment of existing laws, or regulations of any governmental or supra-national authority (“Force Majeure Event”). Your payment obligations towards the Company shall survive the occurrence of a Force Majeure Event.
The Company may, at its sole discretion, indefinitely suspend and/or terminate your account and access to use the Site and Services without prior notification. In such case, the Company shall not be held liable towards you or any third-party for any loss, harm or damage. The Company may exercise this right in addition to any other remedies and actions available to it under the applicable law against you. Your payment obligations towards the Company shall survive suspension/termination of your account for any reason whatsoever.
Upon suspension or termination of your account and/or access to use the Site and Services, you shall immediately cease and desist from using the Site and Services and to delete the same from your electronic devices.
- We may, at our sole discretion, delay or refrain from enforcing any rights and remedies available to us under these Terms & Conditions without limiting our right or ability to exercise such rights and remedies at a future point in time.
- In the event any one or more of the provisions of these Terms & Conditions is held to be void, unenforceable or illegal under the applicable law, such nullity or unenforceability or illegality shall not affect any other provision of these Terms & Conditions.
- These Terms & Conditions shall be governed by the laws of the Islamic Republic of Pakistan. In the event of any dispute or matter arising under the terms and conditions mentioned herein, the Company shall submit to the exclusive jurisdiction of the Courts of Pakistan.
- The captions and headings used herein are inserted only as a matter of convenience and for reference and shall not affect the construction or interpretation of these Terms & Conditions in any way.
- You hereby agree and acknowledge that your legal heirs, successors-in-interest, representatives, permitted assigns and/or administrators shall be bound by the terms and conditions contained under these Terms & Conditions.
YOU HEREBY AGREE, ACKNOWLEDGE AND CONFIRM THAT YOUR USE OF THE SITE AND SERVICES ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS & CONDITIONS AND ANY SUBSEQUENT AMENDMENTS, VARIATIONS & MODIFICATIONS THERETO
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