Before using the platform, please read the below-mentioned terms and conditions carefully. By accessing the platform, you agree to these terms and conditions and will be bound by them. If you disagree with these terms and conditions, please do not use the platform.
1. General
1.1 This agreement, along with all attached schedules and appendices (if any), ("Agreement") is between you and ZUKUTA.com ("ZUKUTA," "we," "our," or "us"). 1.2 This Agreement governs: (1.2.1) The provision of the ZUKUTA Services (as defined below); and (1.2.2) your use of the Platform (as defined below). (1.2.3) Terms and conditions are not static ZUKUTA reserves the right to change the terms and conditions according to circumstances from time to time. So the Buyer /Seller should read the terms and conditions carefully because ZUKUTA will not be liable to indemnify any loss. 1.3 The Services are designed for and can only be used by: (1.3.1) individuals of 18 years or older who can form legally binding contracts under applicable law, and (1.3.2) individuals below 18 years of age with the permission and direct consent of their parent or legal guardian. According to this Agreement, all transactions by individuals below 18 are approved by their legal guardian or parent, who will be liable for all activities such individuals conduct.
2. Definitions and Interpretations
2.1 In these Terms and conditions, except if the context in any case requires, the below words and articulations shall have the below meanings: Account refers to the account you generated to access or use the Platform. Information implies any data, subtleties, content, dimensions, information, maps, areas, photos, text, depictions, details, audio or video clips, designs, or different materials. Business Day implies a day that isn't a Saturday, Sunday a public holiday, or a bank holiday in PAKISTAN. Buyer means anyone who buys goods or services. The sale contract implies the arrangement went between the significant vendor and the applicable Purchaser through the Stage for the offer of any of the Merchandise and additional services. Seller implies a dealer enlisted with ZUKUTA who shows, records, or offers any Products or services available to be purchased through or on the platform. Goods and/or Services refers to the digital products, services, and goods the Seller displays, lists, and/or offers for sale on the Platform. Intellectual Property Rights refer to all intellectual, industrial, and proprietary rights, including but not limited to patents, registered designs, designs, copyrights, names, marks, trade names, trademarks, service marks, and logos; Personal Data will have the significance endorsed to it in the Privacy Policy.
Privacy Policy implies the published policy by ZUKUTA on the platform overseeing the handling of personal information and data. Platform implies the internet-based platform (Website, Mobile Apps, and site) operated and created by ZUKUTA. ZUKUTA Services refer to the services and features that ZUKUTA occasionally makes available on or through the Platform, such as the services it offers to make it easier for the Seller and the Buyer to enter into a Sale Contract. Registration Process Implies the ZUKUTA registration procedure for joining and opening the record with ZUKUTA. Representatives imply the employees, workers, officials, agents, project workers, laborers, staff, and additionally, agents of the significant party; and You/your means all platform users, including without restriction the Sellers and the Purchasers. 2.2 In this Agreement, except if the setting in any case requires: (2.2.1) denoting the singular incorporates the plural as well as the other way around (2.2.2) Unincorporated and bodies corporate are examples of words that refer to natural persons. (2.2.3) references to any regulation, legislation, or any arrangement of any legislation or law will incorporate every single significant guideline, legal prerequisite, and instrument given under such legislation or law or arrangement and any variety, change, or re-institution of any of the previous. (2.2.4) The headings in this Agreement are only for your convenience and shall not affect how this Agreement is construed or interpreted. (2.2.5) Any successors and permitted assigns of any party to this Agreement or any other agreement or instrument are included.
(2.2.6) no rule of construction or interpretation applies to the weakness or impairment of the party having control or being liable for the readiness of this agreement; and (2.2.7) Any words that come after the terms "including," "include," or any other similar phrase should be taken as examples only, and they should not limit the scope of the related general words.
3. Access to The Platform
3.1 You must follow the Registration Process to create an Account with ZUKUTA to gain access to the Platform and ZUKUTA Services. You can access the Platform and ZUKUTA Services by logging in to your Account after successful registration. ZUKUTA reserves the right to conduct a background check on you and to deny you access to the Platform and ZUKUTA Services in whole or in part at its sole and absolute discretion. You might be approached to give extra checks or data during the registration process. 3.2 You will be exclusively responsible for keeping the username and password of your Account and will promptly inform ZUKUTA of any unapproved access to your account. You are responsible for adhering to any instructions, notifications, or confirmations ZUKUTA receives from your Account, regardless of whether they were issued by a third party authorized or not, and you are deemed to have issued them. ZUKUTA will not be obligated to follow up on the guidance, confirmation, or instructions sent through your Account. ZUKUTA is not required to verify the accuracy or completeness of the instruction, notification, or confirmation or to investigate the authenticity or authority of the person sending or affecting them. 3.3 You will intently screen movements of every sort and exchange brought out through your Account and you will go to all means and lengths to check and confirm the exchange history of your Account. You have to inform ZUKUTA immediately: (3.3.1) of any unusual activities or transactions that occur in connection with your Account, or if any of the activities or transactions are not accurately recorded in your Account. (3.3.2) upon receiving any ZUKUTA data or information that is incomplete, muddled, or inaccurate; and (3.3.3) when you get data or information that wasn't meant for you. You can't use or share that data or information without ZUKUTA's written permission. 3.4 There can only be one account per person unless ZUKUTA explicitly agrees otherwise. It is prohibited to create an Account on behalf of or in the name of another person. Should ZUKUTA find that such a false record has been made, ZUKUTA will be qualified to quickly suspend the record and maintain whatever authority is needed to make any further healing move, including without restriction illuminating the relevant authorities, with practically no responsibility to ZUKUTA.
4. Sale Contract
General
4.1 ZUKUTA is absolute and completely excluded from all Sale Contracts between the relevant Seller and the relevant Buyer. ZUKUTA makes no portrayal or any warranty to the Goods, as well as Services, and ZUKUTA, will not be made responsible and libel. It will not indemnify in any way at all for any costs, loss, damages, claims, fines, penalties, liabilities, and/or expenses howsoever emerging from the Sale contract, including without impediment for any carelessness, delay, failure, fault as well as breach concerning the relevant Buyer or Seller. ZUKUTA is not responsible in any way for the Buyer's purchases made through the Platform, and the Buyer acknowledges that there is a risk that the relevant game developer may modify the Buyer's game account and its content. To clear up any confusion, ZUKUTA is merely a facilitator of the relevant third-party Seller's offerings of goods and services. In that capacity, ZUKUTA has zero power over the safety, quality, morality, ethical quality, or legality of any part of the things recorded, reality, or precision of the postings.ZUKUTA is not required to conduct user pre-screening. ZUKUTA cannot promise that a Buyer or Seller will close a deal. 4.2 Despite the previous, the Sale Contract will be dependent upon and you will notice and consent to the accompanying agreements: (4.2.1) You will not cancel or modify any Sale Contract formed through the platform except with the agreement in writing of ZUKUTA, and due to such modification or cancellation, you shall indemnify ZUKUTA in full against all loss, costs, damages, charges, and expenses including loss of profit. (4.2.2) You are obligated to fulfill all of your responsibilities under the Sale Contract with diligence, promptness, and skill. (4.2.3) Sales contract payment will be made per Appendix A (PAYMENT); and (4.2.4) You will follow any policies, directions, instructions, and rules, as might be published or furnished by ZUKUTA regarding the Sale Contract from time to time. 4.3 If any contention, the debate as well as issue among you and another client or third party regarding the Sale Contrac emerges: (4.3.1) We encourage you to get in touch with the user or third party and do your best to find a fair and amicable solution to the conflict, dispute, or issue. ZUKUTA will make reasonable commercial efforts to facilitate this. (4.3.2) For the benefit of users, ZUKUTA may, but is not obligated to, intervene or participate in the resolution of such conflict, dispute, or issue. ZUKUTA does as such sincerely and at its sole and outright tact, as per the question goal process because of ZUKUTA strategies. ZUKUTA does not commit to determining questions between clients or among clients and outside parties. ZUKUTA may give you reasonable instructions in this regard, and you must follow them.
(4.3.3) To settle any transaction-related dispute, users can approach the claims tribunal in their local jurisdiction. (4.3.4) ZUKUTA will reserve the right to hold any sums Buyer paid for the important merchandise or potential administrations until a mutually restricting goal has been reached; and (4.3.5) To the fullest extent permitted by applicable law, you release ZUKUTA along with ZUKUTA's officers, directors, agents, subsidiaries, joint ventures, and employees from any demands, damages, and claims actual and consequential of any kind whether known or unknown, suspected or unsuspected, disclosed or undisclosed associated with disputes with one or more users or a third party. Seller’s Representations, Warranties and Obligations 4.4 Your Goods and/or Services may be listed and sold on the Platform under the Platform's procedures, subject to any, and all conditions and requirements imposed by ZUKUTA occasionally. 4.5 ZUKUTA May At Its Absolute Discretion: (4.5.1) Using the ZUKUTA criteria, place the seller in the appropriate group of sellers; and (4.5.2) establish the price range for the goods and/or services. 4.6 Each Seller Warrants, Represents, Acknowledges, and/or Confirms that: (4.6.1) To publish, display, and offer the Goods and/or Services for sale through the Platform (including, but not limited to, the publication of all Information in connection with the Goods and/or Services on the Platform), it has obtained all necessary permission, right, license, consent, and/or approval from the relevant third parties; furthermore, the publishing, display, and offering will not violate any rights of any third parties. (4.6.2) It will honor and carry out all of the Sale Contracts and will not do anything that could affect the Buyer's right to the purchased Goods and/or Services. (4.6.3) it can give, deliver, or transfer services and goods to the Buyer in a timely (for example at the point when the Buyer has affirmed the request with ZUKUTA or when the payment has been made by the Buyer for the Goods and services whichever prior); (4.6.4) the Goods and/or Services have been accurately described, and they will be delivered to the Buyer in the same manner as described; and (4.6.5) It must only do business with Buyers through the Platform and not directly or indirectly recruit, poach, or engage in any independent transaction with Buyers.
4.7 The Seller will be exclusively responsible for all cases corresponding to and regarding the Sale Contract, including, without constraint, non-delivery, faulty quality, as well as misdescription of the Products and Services. 4.8 In regards to the Buyer's obligations to pay the price of the purchased Goods and/or Services, ZUKUTA is in no way obligated to the Seller in a fiduciary capacity, either under law or otherwise.
5. Payment, security deposit, and rolling reserve Payment, security deposit, and rolling reserve
5.1 You are responsible for making the payment per Appendix A (PAYMENT). 5.2 Before listing or displaying any of its goods or services on the Platform, the Seller is required to make a Security Deposit (as defined in the relevant Policy) upon ZUKUTA's request or notification. 5.3 ZUKUTA will be qualified to keep the aggregate specified in the pertinent Strategy (if any) as Rolling Reserve (as depicted in the significant policy) regarding every Sale Contract.
6. General Obligations
6.1 You must, at your own expense and cost: (6.1.1) Comply with the prerequisites of all administrative, legal, or potentially administrative bodies and additional divisions, as well as all designated or subordinate regulations, administrative strategies, sees, conclusions, rules, or mandates; (6.1.2) Obtain and maintain all statutory, regulatory, contractual, and other necessary approvals, consents, licenses, and permissions for your activities and obligations under the Sale Contract throughout the term of this Agreement; and (6.1.3) Adhere to any and all ZUKUTA imposed guidelines, rules, policies, instructions, and procedures pertaining to the Platform and ZUKUTA Services.
7. Use of the platform/ZUKUTA services
7.1 ZUKUTA grants you a non-exclusive, non-transferable right to access and use the Platform and ZUKUTA Services solely and to the extent necessary for this Agreement in exchange for your acceptance of the terms and conditions outlined in this Agreement. There will be no form of commercialization of the ZUKUTA Services or Platform. 7.2 The term "ZUKUTA Platform/Services" encompasses all aspects of the Platform, ZUKUTA Services, and/or any and all Information found on, accessible from, or accessible through the Platform, ZUKUTA Services, and/or ZUKUTA reference. Unless otherwise specified in this Agreement or with ZUKUTA's prior written consent, you are prohibited from doing so on your own or by allowing any third party to: (7.2.1) duplicate, disperse, reproduce, as well as scatter ZUKUTA Platform/Services except for where such demonstration is accidental to the typical utilization of ZUKUTA Platform/Services, or where it is essential with the end goal of this Arrangement or other back-up or potentially functional security reasons; (7.2.2) ZUKUTA Platform/Services may be rented, leased, sublicensed, loaned, translated, merged, adapted, varied, or modified; (7.2.3) alter or modify ZUKUTA Platform/Services in whole or in part, or permit ZUKUTA Platform/Services to be combined with or incorporated into any other programs; (d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the ZUKUTA Platform/Services; (7.2.4) give or in any case make accessible the hidden software of the platform in entire or to a limited extent (counting item and source code), in any structure to any individual; (7.2.5) use the ZUKUTA Platform and Services in a way that is against the terms and conditions of this Agreement, for a purpose that is against the terms of this Agreement, or in a way that is not permitted by this Agreement: https://www.zukuta.com (7.2.6) Generate or collect any data from ZUKUTA Platform/Services or ZUKUTA's frameworks or endeavor to interpret any transmissions to or from the servers running any of the ZUKUTA services; (7.2.7) access any information or Data not planned for you, including without restriction signing into a server or a record that you are not approved to access; (7.2.8) transmit or distribute harmful data, viruses, or code through the Platform or any operating system, or use any device, software, or routine to disrupt the Platform's operation or attempt to disrupt it; (7.2.9) misuse, misappropriate, or hack into any part of the ZUKUTA Platform/Services in any way, or compromise the integrity of ZUKUTA's products or systems in any way; (7.2.10) through or on the ZUKUTA Platform/Services, send, advertise, or publish any unsolicited advertising or promotional content; and
(7.2.11) use the ZUKUTA Platform and Services in a way that could either: (i) harm, disable, overburden, impair, or compromise ZUKUTA's systems, software, or security; or (ii) prevent other users from using and enjoying the ZUKUTA Platform and Services.
8. Information submitted by you
8.1 You will guarantee that all Data & info you publish on the platform, and give to ZUKUTA is up-to-date, valid, and accurate. you have all the essential power and right to publish or provide such information. You guarantee that ZUKUTA will not violate any third-party rights through the use of such information, including but not limited to intellectual property rights. 8.2 Information that encourages or may encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or that violates or infringes or may infringe the rights of others is prohibited from being transmitted, posted, or caused to be transmitted, posted, or transmitted through the Platform and/or ZUKUTA services. This includes information that is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable. 8.3 By submitting or transferring any Data on or through the Stage as well as ZUKUTA services, you consequently award, or warrant that the proprietor of such Data has explicitly conceded, ZUKUTA the royalty-free, never-ending, permanent, non-elite right and permit to duplicate, share, distribute and disseminate such Data (in entire or to some degree) on or through the Stage save and aside from the Individual Information which is to be handled by ZUKUTA as per the Privacy notice published on the platform.
9. Policies
9.1 The policies that ZUKUTA posts on the Platform (the "Policies") contain all relevant terms, conditions, and requirements that must be adhered to by you. 9.2 To make things clear, the Policies are a part of this Agreement, and you are bound by them.
10. Links
10.1 Third-party content (also known as "Third Party Sites/Content") may be accessible through links on the Platform. The third-party Content/Sites are connected exclusively for your benefit. The information on these third-party websites and content is beyond ZUKUTA's control, and ZUKUTA accepts no liability for it. ZUKUTA acknowledges no liability regarding any damage/loss that might emerge from your utilization of third-party websites and content. You hereby acknowledge and agree that your use of any third-party websites or content is entirely at your own risk.
11. Personal data
11.1 ZUKUTA will process, and publish all of the personal data it collects under the Platform's Privacy Policy. 11.2 To the degree that any of the information or data stretched out to you by ZUKUTA or potentially gathered or handled by you for ZUKUTA, as per this understanding, comprises Individual Information, you consent to: (I) follow the prerequisites of the privacy policy, and will not act in such a way as to make ZUKUTA be in break of its commitments (as a "data user") under the privacy policy, (ii) notice ZUKUTA's published policies on private data protection occasionally, (iii) on sensible solicitation by ZUKUTA, give ZUKUTA admittance to any Private data, and (iv) quickly inform ZUKUTA assuming you become aware of a break or breach of your commitments/liabilities corresponding to the handling of the personal information under this agreement. This clause will endure the end of this Arrangement.
12. Confidentiality
12.1 Any and all information that is made available to the receiving party by or on behalf of the disclosing party for purposes relating to or in connection with this Agreement, regardless of whether it is labeled as "Confidential" or not, is considered "confidential information," regardless of whether it is in machine-readable or visually readable form, oral or otherwise. Technical data, know-how, information about the business of the disclosing party or one of its affiliates, trade secrets, information about revenue or income, marketing strategies, financial condition, and operations, and any other information that is proprietary to the disclosing party or one of its suppliers or affiliates are all included in the definition of "confidential information." 12.2 “Classified Data" will exclude data that: (I) was, at the hour of its divulgence, currently in the ownership of the receiving party liberated from any commitment to keep it secret and such party can lay out, through sensibly adequate and trustworthy competent proof, such earlier belonging; (ii) is freely evolved by the receiving party, (iii) is or opens up to the public other than because of a break of this agreement by the receiving party or its Delegates;or (iv) is made available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; however, the receiving party is not aware of any confidentiality agreement or other legal or fiduciary obligation to keep the disclosing party's information secret. 12.3 Except if generally determined in this agreement, the beneficiary of any confidential data makes a deal to avoid unveiling it to anybody with the exception of (I) as allowed by this Arrangement; (ii) to their separate delegates as well as legitimate, monetary, or potentially financial/accounting advisors who have a positive need to know such classified data; or (iv) with the earlier composed endorsement of the revealing party. 12.4 If any of ZUKUTA's confidential Data is expected to be revealed in any way because of the prerequisites of any pertinent regulation or the guidelines of any security trade or security exchanging framework, or court of competent jurisdiction, you will give brief composed notice to ZUKUTA preceding any exposure adequate in light of the current situation to permit ZUKUTA to look for a protective request or other proper cure. You must (i) fully cooperate with ZUKUTA and only disclose the minimum amount of information required by law, (ii) make commercially reasonable efforts to protect ZUKUTA's confidential information from disclosure at its request, and (iii) allow ZUKUTA to take any steps it deems necessary or desirable to challenge any such disclosure or to otherwise redact or minimize such disclosure. 12.5 This Agreement is the sole and exclusive use of all confidential information. 12.6 Despite anything contained in this, ZUKUTA will be qualified to uncover your info to the applicable buyer, seller, or ZUKUTA's specialist co-ops to give the ZUKUTA services. You thusly irreversibly and genuinely approve ZUKUTA to advance your contact data to the applicable seller or buyer with the end goal of the sale contract. 12.7 This clause will endure the end or expiry of this agreement under any circumstance.
13. Intellectual property rights
13.1 ZUKUTA, its contractors, partners, service providers, suppliers, and licensors (if any) retain ownership of all existing intellectual property rights.Nothing in this Agreement shall transfer or assign such Intellectual Property Rights to you. 13.2 All Intellectual Property Rights made as well as evolved in accordance with this Arrangement by ZUKUTA (its suppliers, partners, contractors, or potential licensors (if any)) will surely belong to ZUKUTA . 13.3 You will not, whether without help from anyone else or through some other individual, participate in any lead that will encroach on the Intellectual Property Rights of ZUKUTA or those of any outsider according to your utilization of the platform or potentially the ZUKUTA services. 13.4 You will utilize any Data or potential properties made accessible to you by ZUKUTA under this Arrangement in which any of ZUKUTA 's Protected Intellectual Property Rights exclusively with the end goal of and just to the degree allowed by this Arrangement. This Condition will endure the end of this Arrangement.
14. Consumer protection
14.1 Despite anything contained thus, on the off chance that the Consumer Protection Act 1999 ("Act") applies and assuming you are managing as a “consumer” under the Act (customer will have the significance endorsed to it by the Act, "Consumer"), (14.1.a) this Agreement is simply planned to prohibit or restrict the cures and rights might have to the most extreme degree allowed by the Act; and (14.1.b) nothing in this Arrangement is expected to prohibit or restrict ZUKUTA 's responsibility to you for any damage or loss emerging from (I) ZUKUTA 's negligence; or (ii) ZUKUTA 's break of any express or suggested terms of this Arrangement without sufficient justification.
15. Warranty, Unavailability, and Disclaimer
15.1 ZUKUTA warrants that the services of ZUKUTA will be furnished with sensible consideration and skill. 15.2 A third party, such as the Seller and other Platform users, may provide ZUKUTA with information that you have made available to them through the Platform or ZUKUTA services. ZUKUTA does not guarantee that the provided information is error-free, complete, reliable, original, or up-to-date, despite ZUKUTA 's best efforts to ensure that it reaches you in its original form as provided by the third party. 15.3 ZUKUTA does not guarantee the following in relation to the use of the Platform and/or ZUKUTA Services: (15.3.a) you will be satisfied with the Platform's and ZUKUTA Services' capabilities; (15.3.b) that the Platform and/or ZUKUTA Services will function without interruption or error; (15.3.c) any deformities in the platform as well as ZUKUTA services will be remedied; and (15.3.d) The platform is liberated from infections, bugs, online interference, or other hurtful dangers. Before accessing the Platform, it is your responsibility to implement all necessary security and virus protection measures on your computer or mobile device. 15.4 You understand, acknowledge and agree that: (15.4.a) recommendations or advice involve assessment and may not address the genuine application, quality, or element of specific service, as you acknowledge that any guidance or suggestion given by ZUKUTA, its representatives, or agents is followed or followed up on completely at your own risk, and as needs be ZUKUTA will not be responsible for any such advice or suggestion; (15.4.b) The Platform uses data and telecommunications networks for all transactions. Accordingly, your notification receipt from ZUKUTA as well as the other way around might be postponed or forestalled by factors influencing the applicable specialist co-ops and other significant gatherings. You acknowledge that ZUKUTA cannot guarantee that such a notification or confirmation will arrive promptly;and (15.4.c) ZUKUTA cannot guarantee that the Platform or ZUKUTA services will be available at all times. This could be because of maintenance, updating, or upgrading projects, or for other reasons. ZUKUTA does not guarantee that the Platform and/or ZUKUTA Services will always be available, and ZUKUTA will not be held liable for any unavailability in any way.
16. Limitation of liability
16.1 To the greatest degree allowed by regulation and the Act, (16.1.a) ZUKUTA disclaims all warranties and conditions with regard to the Platform, ZUKUTA services, and Information made available to you by ZUKUTA unless otherwise specified in this Agreement; (b) the Platform, ZUKUTA services, and all Information made available to you by ZUKUTA via the Platform and/or ZUKUTA services are provided on an "as is" and "as available" basis; (16.1.b) ZUKUTA will not be responsible for any costs, losses, damages, claims, fines, penalties, liabilities, or expenses incurred by you as a result of your use of the Platform-provided information; (16.1.c) ZUKUTA shall not be liable for any indirect, incidental, punitive, or consequential damages or losses, loss of profit, goodwill, production, or revenue, or any other type of special damages or losses, regardless of whether such damages or losses were foreseeable or ZUKUTA was advised of the possibility of such damages or losses; and (16.1.d) ZUKUTA's maximum and cumulative total liability for any and all costs, losses, damages, claims, fines, penalties, liabilities, and/or expenses arising out of this Agreement must not exceed SGD30 or the relevant fees paid by you for the ZUKUTA Services in dispute, whichever is greater. This includes any liability ZUKUTA may have for the actions or omissions of its Representatives.
17. Indemnity
17.1 All costs, losses, claims, fines, penalties, liabilities, and/or expenses, including attorneys' fees, incurred by ZUKUTA, its affiliates, and each of their respective directors, officers, employees, and agents are your responsibility to defend, indemnify, and hold harmless. regardless of the circumstances, which include, but are not limited to, negligence, omission, or breach of this Agreement on your part. This repayment will be allowed whether legal actions are initiated and, on the off chance that such procedures are established, independent of the means, way, or nature of any settlement, split the difference, or assurance. For the aversion of uncertainty, nothing in this proviso will forestall or confine ZUKUTA from implementing some other privileges and commitments owed to it under this Arrangement.
18. Force Majeure
18.1 ZUKUTA will not be responsible to you or be considered to be in breach of this arrangement because of any postponement in performing, or any inability to play out, any of ZUKUTA's commitments under this Understanding, assuming the deferral or disappointment because of any reason past ZUKUTA's sensible control, including yet not restricted to: (18.1.a) fire, demonstration of God, storm, blast, quake, flood, whirlwind, mishap or other catastrophic event; (18.1.b) sabotage, insurrection, civil unrest, requisition, or war or threat of war; (18.1.c) any governmental, parliamentary, or local actions, restrictions, regulations, bye-laws, prohibitions, or measures of any kind; (18.1.d) strikes, lockouts, or other modern activities or exchange questions; (18.1.e) challenges in acquiring unrefined components, work, fuel, parts, or hardware; or potentially (18.1.f) media transmission, transportation, power supply, or framework aggravations or disappointments, or breakdown in apparatus influencing the Stage, ZUKUTA services, or any part thereof.
19. ZUKUTA Rights and Suspension
19.1 Without bias to some other freedoms ZUKUTA might have under this Arrangement or at regulation, ZUKUTA will reserve the privilege to right away (without notice): (19.1.a) cease or suspend your access to the platform as well as ZUKUTA services; (19.1.b) delete any info you have uploaded, or transmitted to the Platform; (19.1.c) limit or suspend any and all activities and transactions associated with your Account; and/ (19.1.d) defer, withhold, or forfeit any payment due to you; any of the following circumstances: (i) ZUKUTA is of the assessment that your performance of any of the sales contracts isn't satisfactory in ZUKUTA's only prudence; (ii) ZAKKUTA is of the sensible opinion that your utilization of the platform as well as ZUKUTA services will meddle or make unsettling influences on other clients' utilization or pleasure in the platform or ZUKUTA services; or (iii) you are viewed as in breach of any of the terms contained in this Arrangement or ZUKUTA suspects, on sensible grounds, that you might have committed any such breach.
20. Termination
20.1 Without bias to whatever other rights that ZUKUTA might have under this Arrangement or at regulation, ZUKUTA may promptly end this agreement by notice in writing if: (20.1.a) you fail to comply with any of the terms and conditions of this Agreement within thirty (30) days of ZUKUTA's written notice of the breach; or (20.1.b) If you pass a resolution for winding up, if you become, threaten to become, or resolve to become subject to any form of insolvency administration, including bankruptcy proceedings, or if you make an arrangement or composition with your creditors or if a receiving order is issued against you. 20.2 ZUKUTA will, upon termination, without prejudice to any other rights or remedies it may have under this Agreement or in law: (20.2.a) all rights conceded to you under this agreement will stop; (20.2.b) You must immediately cease all activities that are permitted by this Agreement; and (20.2.c) you will quickly obliterate or, at ZUKUTA's solicitation, immediately return all ZUKUTA's confidential data which is in your control, and ensure to ZUKUTA that you have done as such
21. Variation
21.1 Any changes ZUKUTA makes to this Agreement, including but not limited to the addition of charges for access and use, may be made at any time without notice. Such expansion, cancellation, alteration, or change will be taking effect right now upon notice thereof, which might be given through, including, however not restricted to, posting on the platform, by electronic or regular mail, or by some other means by which you acquire notice thereof. Any utilization of the platform and ZUKUTA services by you after the issuance of such notification will be considered to comprise acknowledgment of this constitute with such expansion, cancellation, change, or alteration. 21.2 You will quickly inform ZUKUTA if you do not agree to any such expansion, cancellation, revision, or adjustment, and this agreement will be considered ended upon your notice to ZUKUTA of your conflict except if generally concurred by ZUKUTA . 21.3 Any aspect or feature of the Platform and/or ZUKUTA services, including but not limited to content, accessibility hours, and equipment requirements, may be altered or removed at any time by ZUKUTA. 21.4 No alteration or variation of this agreement by you will be binding and valid by both parties except if approved in writing.
22. Notices
22.1 to the location, email address, or copy advised by the other party or made accessible to the next party through the platform. This notice will be considered served. (22.1.a) whenever delivered by and by the following business day after it has been delivered; (22.1.b) whenever sent by enlisted mail or courier, five (5) days after dispatch; (22.1.c) whenever sent by copy, after getting the affirmation report stating effective transmission of the copy whenever sent before 5 p.m. on a business day and whenever sent after 5 p.m. on a business day or a non-business day, the following business day;or (22.1.d) if sent through email or electronically, upon successful delivery of and recording as sent email, if sent before 5 p.m. on a business day, and if sent after 5 p.m. on a business day or a non-business day. 22.2 Besides as if not concurred or given in this agreement, all notifications and different communications to be given to any party according to this Arrangement will be recorded as a hard copy and will be legitimate and adequate whenever dispatched or sent in an accompanying way: If by ZUKUTA to you (22.2.a) by publishing, posting, or sending a notification on the relevant Platform or through it; (22.2.b) by email to your email address given or advised by you; (22.2.c) by publication in a paper; or (22.2.d) by short messaging services (SMS) to your cell phone number enrolled with ZUKUTA. If by you to ZUKUTA (i) by email to support@zukuta.com 22.3 It will be considered served when notices are given.
(22.3.a) whenever conveyed by and by, the following business day after it has been conveyed; (22.3.b) whenever sent by enrolled mail or messenger, three (3) business days after dispatch; (22.3.c) whenever sent by email, upon effective conveyance of the email and recorded as a sent email whenever sent before 5 p.m. on a business day and whenever sent after 5 p.m. or on the other hand on a non-business day, the following business day; (d) immediately upon successful posting, publishing, or sending if posted, published, or sent before 5 p.m. on a business day, and immediately upon successful posting, published, or sent if posted, published, or sent after 5 p.m. on a Non-business day. 22.4 Legal notices, claims, demands, suits, actions, and/or proceedings do not apply to the email notification method, despite anything to the contrary in this clause.
23. Entire agreement
23.1 This agreement (along with any records alluded to thus) comprises the entire agreement between the parties connecting with the subject matter and supplants any earlier agreements, understandings, or plans between them, whether written or oral connecting with the subject matter about and no portrayal, undertaking or commitment will be taken to have been given or be suggested from anything said or written in dealings between the parties preceding this arrangement besides as set out in this agreement.
24. Assignment, novation, delegation and subcontracting
24.1 Without ZUKUTA's prior written consent, you may not transfer, assign, novate, or subcontract any of your rights or obligations under this Agreement. All ZUKUTA might transfer, appoint, novate, or potentially subcontract any of its privileges and commitments under this Consent to any of its subsidiaries.
25. No waiver
25.1 No delay or failure to a party in practicing any rights or cures under this arrangement whenever or for any timeframe nor any information or passive consent by a Party of, or in, any breach of any arrangement of this agreement will work as or be considered to be a waiver thereof nor will a waiver by that party of any breach comprise a proceeding with the waiver in regard of any resulting or proceeding with breach. Under this agreement, a provision of remedy or right may not be waived except in written form signed by the waiving party.
26. Successors and Assigns
26.1 This agreement will be restricted upon the parties and their allowed legitimate appoints and successors in title. 27. Severability 27.1 Any term, condition, limitation, arrangement, pledge, or undertaking ("provision", and any reference to provision will incorporate any part thereof) contained in this agreement that is unlawful, invalid, or unenforceable will be completely severable and insufficient to the degree of such illicitness, deficiency or unenforceability without nullifying the excess provisions contained in this agreement which will not be impacted by the unlawful, invalid or unenforceable provision or by its severance herefrom. This agreement will be interpreted and implemented as though such an unlawful, invalid, or unenforceable provision had never involved a section concerning this. Where any provision of, or the utilization of any provision of this agreement is unlawful or unenforceable or considered to be unlawful or unenforceable, the Arrangement will keep on applying with the important change together that the provision is the lawful, substantial, and enforceable provision.
28. No partnership/agency
28.1 A partnership or joint venture between the parties is not implied or created by the terms of this agreement. There is no authority for either party to act, represent, bind, or contract on behalf of the other.
29. Governing law
29.1 The laws of PAKISTAN shall apply to the construction, validity, and performance of this Agreement in all respects. The parties hereto submit to the selective jurisdiction of the courts of PAKISTAN.
30. Survival
30.1 The pledges, conditions, and provisions of this agreement which are equipped for having impact and which will by their temperament get by after the end or lapse of this agreement will stay in full power and impact following the end or termination of this agreement.
Appendix A (Payment)
Payment by the buyer
1.1 Under any terms and conditions imposed by the relevant payment gateway service provider, the relevant Buyer is responsible for making the payment for any Sale Contract (the "Sale Contract Sum") through the payment gateways that are accessible on the Platform.
Payment to seller
1.2 Upon successful delivery of the goods purchased or potential services and submission of all vital supporting documentation as might be expected by ZUKUTA confirming effective delivery, ZUKUTA will credit the significant sale contract aggregate into the seller's account using the payment method chosen by the seller in the wake of deducting the expenses as might be charged by ZUKUTA subject to ZUKUTA's right to hold any sum under this agreement gave consistently that ZUKUTA has not gotten any complaints or notice of dispute from the Purchaser and the Purchaser has effectively gotten the important Merchandise as well as services. 1.3 ZUKUTA has the right to defer payment of the contract sum for any time period it deems appropriate by this Agreement and ZUKUTA 's policies (ZUKUTA Protection). 1.4 ZUKUTA will make payments to the Seller within the timeframe and cut-off time it sets, except for any changes or deviations it may make from time to time at its sole discretion.
ZUKUTA Services/Administration Fees
1.5 ZUKUTA will be qualified to charge ZUKUTA services/Organization expenses for ZUKUTA services. 1.6 All ZUKUTA services/Organization fees shown on the platform will be exclusive of duty taxes.
General
1.6 You will not be qualified to set off any installment because of ZUKUTA against any claim made by or payment because of you. 1.7 Any payment request made by you may be canceled at ZUKUTA 's sole discretion if ZUKUTA has reason to believe that you are engaging in fraudulent or similar activity.
Refund Policy
1.8 All deals are last at ZUKUTA and refund won't be given except if the thing isn't working or as portrayed. For this situation, buyers will be covered under ZUKUTA Protection: https://www.zukuta.com At the point when the cancellation has been acknowledged, orders on ZUKUTA will be briefly saved to the credit balance by default. The buyer will be able to request a refund to the original payment method or use the credits to redeem new orders. Please enter the credit record and submit the refund request if you require a refund for the initial payment. Credits record page: https://www.zukuta.com 1.9 After you have verified that the item received is in the same working condition and conforms to the product listing, buyers may only confirm receipt of your order. When you confirm receipt of your order, you indicate that you are content with your purchase and have concluded the transaction. After that, the seller will receive payment. The purchaser will be considered to have acknowledged the bought Merchandise or potential services if no case, issues, and additionally protests are raised or made by the significant Purchaser to ZUKUTA within 72 hours upon delivery of the bought goods as well as services. Refunds won't be provided for orders that are settled and completed.
2.0 For orders that have passed the confirming stage, the handling charge won't be refunded.
