Welcome to bSecure.pk also hereby known as “we", "us" or "bSecure". We are an online marketplace, and these are the terms and conditions governing your access and use of bSecure along with its related sub-domains, sites, mobile app, services and tools (the "Site"). Through the Site, bSecure links you to the merchants (“Merchants”, “Builders”) for you to order a variety of products (“Products”) to be delivered to you. When you place an order for Products from our Merchants (“Order”), bSecure acts as an agent on behalf of that Merchant to facilitate, process and conclude the Order and subsequently for the Merchant to deliver your Order to you. By using the Site, you hereby accept these terms and conditions and represent that you agree to comply with these terms and conditions (the "Terms and Conditions"). These Terms and Conditions are deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by these Terms and Conditions please do not access, register with, or use this Site. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable, and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
To access some areas on bSecure, we may require that you create an account with us or provide personal information to complete the creation of an account and become a member. We may at any time in our sole and absolute discretion, invalidate the username and/or OPT without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation. In order to transact with bSecure you agree to provide us your correct, complete and up to date information including, but not limited to, your legal name, billing and delivery addresses, telephone number and you are required to promptly notify bSecure of any change in your customer registration data. Once you are a member at bSecure, it is your responsibility to safeguard and maintain confidentiality of your account, username and OPT. In case a fraud is detected with your account or any other irregular activity, bSecure reserves the right at its sole discretion to cancel any offers, your orders and suspend/terminate the account.
PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by us through an independent service provider (“Payment Service Provider”). Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the Merchants on our Site while the payment processing occurs between you, the Payment Service Provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the Payment Service Provider as listed on our Site.
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders, or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.
All trademarks, logos, images, and service marks, including these Terms and Conditions as displayed on the Site, whether registered or unregistered, are the intellectual property of bSecure and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of bSecure's trademarks on any other website not approved by us is strictly prohibited. bSecure will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Further, bSecure neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with bSecure. Use of any materials on the Site is at your own risk.
You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of Merchants nor any breach of conditions, representations or warranties by the Merchants of the Products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and Merchants of the Products.We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Site. While we have taken precautions to avoid inaccuracies in content, this Site, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Site. At no time shall any right, title or interest in the products sold through or displayed on the Site vest with us nor shall bSecure have any obligations or liabilities in respect of any transactions on the Site.We shall neither be liable or responsible for any actions or inactions of any Payment Service Provider as listed on our Site.
You shall indemnify and hold harmless bSecure, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.You hereby expressly release bSecure and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Merchants or Payment Service Providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
LIMITATION OF LIABILITY
To the extent permitted by law, bSecure (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our services, and any third-party website linked to our Site and any content or material posted on it. Your exclusive remedy with respect to your use of the Site is to discontinue your use of the Site. bSecure, its agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Site or for any other claim related in any way to your use of the Site.
THIRD PARTY LINKS AND WEBSITES
The Site may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. bSecure does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. bSecure accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
bSecure may amend these Terms and Conditions at any time in its sole discretion. The amended Terms and Conditions shall be effective immediately upon posting and you agree to the new Terms and Conditions by continued use of the Site. It is your responsibility to check the Terms and Conditions regularly. If you do not agree with the amended Terms and Conditions, whether in whole or in part, you must stop using the Site immediately.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
We may without prior notice terminate the Terms and Conditions or may revoke any or all rights granted under the Terms and Conditions. And upon termination, your account shall automatically cease and all access to your account shall cease. You furthermore agree that the website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices in operating the website, your sole and exclusive remedy is to discontinue using the website.
GOVERNING LAWS AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Karachi.