User Agreement and Policies | Trader Pakistan

User Agreement

Introduction

This agreement, Trader’s User Agreement, Trader’s Privacy Policy and all other policies available on our site contain the terms and conditions under which Trader offers you access to Trader’s websites, services, applications and tools (the “Services”). You can find our policies here. All policies, including Trader’s Privacy Policy, form part of this User Agreement. By using the Services, you agree to this User Agreement. You enter into an agreement with Trader Pakistan (corporate registration number XXXXXXXX), Lahore (“Trader” and “we”).

This User Agreement is valid from April 1, 2020 for current users and for new users from being approved.

Extent

Trader is a marketplace that allows users to market, sell and buy basically anything at several different price models and locations. Trader is not an auctioneer in the traditional sense.

Trader does not own any of the items marketed or sold through Trader and is not a party to the transactions between buyers and sellers. The purchase agreements are entered into directly between the buyer and the seller.

We can provide guidance on pricing, advertising and other issues as part of our Services. Such guidance is provided for your information and you may choose not to follow it. Trader does not review users’ ads or content. We can help resolve disputes between users, but Trader has no control over and does not guarantee that the items being advertised are of a certain quality, are safe or legal; that users’ content, ads or ratings are accurate and truthful; the ability of sellers to sell the items; or that the buyer or seller will actually complete a transaction or return an item.

Using Trader

When using or accessing the Services, you should not:

  • publishing, marketing or uploading content or items in incorrect categories or areas of our site;
  • violate or circumvent laws, third party rights or our policies;
  • sell items that infringe a third party’s intellectual property rights or otherwise infringe a third party’s copyright, trademark or other intellectual property right;
  • use our Services if you cannot enter into binding agreements (eg if you are under 18), or have been temporarily or permanently suspended from the Services;
  • fail to pay for items you have purchased, unless the seller has changed the item description substantially after your bid, a clear typo has been made or you cannot contact the seller (see our  Buyer Rules);
  • fail to deliver any items that you have sold, unless the Buyer fails to comply with the terms set out in the advertisement or if you are unable to contact the Buyer;
  • manipulating an item’s price or other users’ ads;
  • publish or use false, incorrect, misleading or infringing content or information;
  • take measures that may undermine the rating or appraisal systems (see our  policies for reviews );
  • transfer your Trader Account (including reviews) and User ID to another person without our consent;
  • allow, directly or indirectly, another person to use your user ID or password;
  • sending or publishing spam, unwanted messages, mass messages, chain letters or pyramid schemes;
  • distribute or publish viruses or other technologies that may harm Trader, or Trader’s users’ interests or assets;
  • use automated methods such as scraping, robots or spiders to access our Services for any purpose. Also, you should not circumvent our protection against automated methods, impede or interfere with the way our Services work, or place an undue burden on our infrastructure;
  • export or re-export any of Trader’s applications or tools except in accordance with the export control rules applicable to the jurisdiction concerned and in accordance with the rules and restrictions set forth on the Website;
  • copy, modify or make available (a) rights or content attributable to our Services or (b) Trader’s works, photographs, images, trademarks, texts or other content from Trader;
  • copy, reproduce, modify, process, translate, transmit, make publicly available or transmit any content (except for your own content) from Trader, Traders Services or third parties without the prior written consent of Trader or, where applicable, , third party concerned;
  • resell or resell any of Trader’s applications or any information or software associated with such applications; or
  • without collecting information about users, e.g e-mail addresses.

By registering with Trader as a trader, you confirm that you have the authority and authority to represent and bind the trader to this User Agreement. If you do business on Trader, you must follow the laws that apply to trading on the website you use.

We will begin providing our Services to you as soon as you have agreed to this User Agreement. Unless you and Trader agree otherwise, you agree that you are not entitled to cancel this User Agreement pursuant to the Distance and Home Sales Act (2005: 59) after we have started providing the Services.

We reserve the right to close accounts that cannot be confirmed or have not been used for a long time and to change or discontinue providing Trader’s Services in whole or in part. If Trader substantially changes or ceases to provide the Services, Trader intends to notify you in advance in accordance with the section Other below.

Abuse of Trader

We may restrict, close or terminate our Services and User Accounts, restrict or prohibit access to and your use of our Services, stop bids and remove advertisements, delay or remove content contained on the Site, remove specific status updates associated with an account, reduce or remove discounts and take technical and legal action to prevent you from using our Services if:

  • we believe that you are causing problems or risks of liability;
  • we believe that such restrictions will increase the security of Trader’s users or reduce the risk that we or Trader’s users will incur payment obligations;
  • we believe that you are infringing the rights of third parties;
  • we believe that you are acting in violation of the purpose of this User Agreement or our policies or violating our employees or users;
  • we, despite our reasonable efforts, are unable to confirm information that you provide to us; or
  • you do not pay the fees for our Services when they become due.

This provision shall not limit other penalties to which Trader is entitled.

When a question arises that concerns a buyer or seller, when we apply our policies, we can take into account past events and the particular circumstances of the case. We can choose to have an indulgence in violation of our policies and act in the way we deem most appropriate for both sellers and buyers.

Fees and invoicing

The fees we charge for the use of our Services are shown in our price lists for private individuals and traders. We may change our fees from time to time by posting the changes on Trader’s website or emailing the information 30 days in advance. By continuing to use the Services after the new charges become effective, you agree to the new charges.

By using the Services, you agree to our billing procedures and payment terms as stated in our Billing & Payment Policy. You agree that you will be able to access the invoices through our Services and that we can send electronic invoices to you via e-mail.

Terms of advertising

When you offer a product for sale, you agree to abide by our seller’s rules and:

  • you are responsible for the content of the ad and agree to advertise in accordance with our  prohibited and prohibited items or ad policies ;
  • your ad will not be directly searchable by keyword or category until after 24 hours. Trader does not guarantee that the ad will be available for a certain period of time;
  • when and if your ad shows up in search results on Trader or the internet may depend on factors such as ad format, headline, bid activity, end time, keywords, price and shipping cost, rating and ratings of you as a seller;
  • some optional upgrade services will only appear on some of Trader’s Services;
  • some Services require that you enter into a special agreement with a third party and such third party determines whether you will have access to such services;
  • you agree to the terms and conditions that apply to the payment method you choose when advertising, selling, and receiving payment for items you sell; and
  • we have the right to agree with third parties who provide payment solutions at Trader that they must contain portions of the remuneration that they will pay to you from buyers and that they will use such content payment to pay directly to Trader the fees you owe U.S.
  • limitations on what types of Services and what functionality you have the opportunity to use may occur based on your use of the Services.

Terms of purchase 

When you purchase an item, you agree to abide by our Buyer Rules and:

  • you are responsible for reading the entire advertisement before placing a bid on or committing to purchase an item;
  • you enter into a binding agreement to purchase an item when you agree to purchase an item or if you place the winning bid (or your bid is otherwise accepted);
  • some Services require that you enter into a specific agreement with third parties and that such third parties decide on, and to what extent, you will have access to such services; and
  • you agree to the terms that apply to the payment method you use when purchasing an item; and
  • you agree to the terms and conditions that apply to the shipping option you have selected when purchasing an item.

Buying and selling internationally

It is legal to sell certain goods to other countries. Sellers and buyers are responsible for complying with all laws and regulations that apply to international sales, purchases and freight of items.

Trader may contain functionality, through services or automated tools provided by third parties, that enable advertisements and other content on Trader to be fully or partially translated into other languages. In such cases, users have the opportunity to choose to use such services or tools themselves. Trader does not guarantee the availability of translation or that the translations are accurate. Users use all such services at their own risk.

Content

Trader shall have the right, but no obligation, to commercially use any content that you provide to us or make available to us through your use of the Services, for example, when publishing advertisements or marketing, buying and/or selling goods and services. According to this User Agreement, “content” means all information (including but not limited to photographs, images, texts, words, video, data, concepts, ideas, technology, databases and trademarks).

You hereby grant to Trader an unlimited, non-exclusive, irrevocable, global, eternal, free, fully transferable and fully enforceable right, to use, copy, reproduce, modify, process, translate, transmit, make publicly available and / or transmit such content for the purposes and in the media, channels, techniques and areas that Trader determines from time to time. The licensing under this condition shall, to the extent permitted by applicable law, also include your non-material rights to the content.

You warrant and warrant that all content that you provide or make available to us in your use of the Services is accurate and not confidential. You also warrant that the content does not infringe or infringe any material or intellectual property right of any third party.

Payment

When you buy or sell an item at Trader, several payment options are available to you. Such payment methods are provided by payment solution providers with which Trader cooperates and may change from time to time. The payment methods are offered by these payment solution providers and they decide what payment methods they want to offer you. If you choose to use the payment methods offered at Trader, you will enter into a separate agreement with these payment solution providers and agree to the terms and conditions that apply to the payment method you choose to use.

If payment issues arise, they should be handled by you and the payment solution provider under these terms. Trader is not responsible for delays, errors, damages or anything else related to payment or non-payment of items that you buy or sell at Trader.

Responsibility

We strive to maintain good security and access to Trader and the Services, but we cannot guarantee that the Services are available without interruption. Updating of bids and other messaging features in Traders Services does not take place in real time. Such features may be affected by delays that are beyond Trader’s control.

We (and our representatives, officials, agents, employees and other related companies) shall in no case be liable to you for indirect damages including loss in business, loss of data, lost profits, lost business opportunities, lost reputation or interruption in business or for other damages that we could not reasonably anticipate and which are directly or indirectly caused by:

  • your use of the Service or that you have not been able to use the Service;
  • pricing, shipping or other guidance provided by Trader;
  • delays or interruptions in our Services;
  • viruses or other malicious software that is disseminated by connecting to or linking to our Services;
  • third party content, action or inaction, including damage caused by items advertised through our Services;
  • that items allegedly infringing on third parties’ intellectual property rights are destroyed;
  • a suspension or other action taken regarding your account or violation of the Abuse of Trader section above;
  • the time during which or how your ad appears in search results under the Advertising Terms section above; or
  • that you must change the procedures, content or manner in which you conduct your business or that your ability to conduct business is limited because we change this User Agreement or our policies.

You agree that you are solely responsible for the actions you take to comply with the laws and regulations that apply to you and that the items you advertise, sell or purchase on our site are legal.

Although we use technical solutions to try to verify that the information provided by our users is accurate, Internet control is difficult. Trader cannot guarantee and is not responsible for the identity of our users or the information provided by our users on our website.

If, notwithstanding the foregoing paragraphs, we are deemed responsible, our liability to you or any third party shall be limited to the higher of (a) the price of the item sold at Trader including the first shipping cost, (b) the charges that you have paid us during the twelve months immediately preceding the incident that caused the damage.

The provisions of this User Agreement shall not limit Trader’s liability in the event of intentional or gross negligence or Trader’s liability under mandatory law.

Replacement

You will fully indemnify us (and our representatives, officials, agents, employees and other related companies) for all losses, costs, including reasonable costs of legal assistance, which we incur as a result of you breaching this User agreement, your incorrect use of the Website, services, applications and tools or that you violate applicable law or infringe any third party’s rights.

Additional terms for the additional store service

If you use ” Butik “, our additional service for companies, we attach great importance to, among other things, the supply, product descriptions and delivery terms for your Butik maintain a high standard. Trader may therefore, in addition to the rules applicable to sellers at any time, impose additional requirements on individual stores regarding, inter alia:

  • delivery time;
  • type of products for sale; and
  • quality of pictures and product description.

If additional terms apply to your Store, you will be prompted to make corrections. If, after such a request, you have not rectified within 15 days, Trader has the right to immediately restrict or prohibit access and use of the supplementary service. Trader may also remove advertisements or other content related to your Store and take other measures to prevent you from using your Store. Further terms regarding the additional service Store, such as the price lists that are applied, can be found under our Store page. An additional mutual notice period of 30 days applies to the Store service.

If you are a consumer

Consumers have special rights under compulsory consumer law laws and regulations. If you are a consumer, Trader does not intend to limit or change these rights through this User Agreement. We also do not intend to impose a greater responsibility on you than you have under compulsory consumer laws and regulations. This applies, among other things, to the provisions of Liability and Compensation in these Terms of Use.

Disputes

If a dispute arises between you and Trader, we recommend that you first contact us directly through our Customer Service to try to find a solution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution methods, such as mediation or arbitration. Pakistani law shall apply to all claims, disputes or other issues arising out of this User Agreement. Disputes must be settled by the Pakistani public court.

You have the right to terminate your user account with Trader at any time, by notifying us through our customer service. Before closing the account, you must have completed all your ongoing sales, bids and purchases and we must also have received payment for all outstanding fees. You are then not entitled to bid, buy or list new items for sale.

Should any provision of this User Agreement (or part thereof) be invalid, the provision shall be deemed to be deleted and the other provisions of the User Agreement shall continue to apply.

We have the right to assign our rights and obligations under this User Agreement without obtaining your express consent in advance, provided that we assign this User Agreement on the same terms or conditions that are not less favorable to you.

The sections of this Agreement are for editorial purposes only and shall not affect or limit the content of each provision. If we refrain from taking action if you or others commit a breach of contract, it shall not mean that we waive our rights to take action on the grounds of other or similar breach of contract. We do not undertake to take any action for any breach of this User Agreement.

If you have a dispute regarding services provided by third parties through our websites or with one or more users of the Services, you (and our representatives, officials, agents, employees and other related companies) shall be indemnified from all types of claims and damages (direct and indirect), known or unknown arising out of such disputes.

We have the right to change this User Agreement from time to time by posting the new terms on www.Trader.com.pk or emailing them. The amended terms and conditions shall begin to apply automatically 30 days after they are provided. You have the right to close your user account with Trader as set out above. By continuing to use the Services after the new User Agreement becomes effective, you agree to the new User Agreement.

The policies available on our website may change from time to time. The changes apply as they are published on Trader’s website.

Otherwise, this User Agreement cannot be changed unless you and the authorized representatives of Trader agree in writing a change.

The parties do not intend and do not, through this User Agreement, enter into any affiliate agreement, partnership, employment relationship or franchise agreement. A person who is not a party to this User Agreement is not entitled to make any claims under the provisions of this User Agreement. This shall not limit any of any third party rights set forth in this User Agreement.

Trader’s collaboration with the rights holder, Verified Right Owner (VeRO) Program, aims to ensure that items offered for sale do not infringe copyright, trademark or other intellectual property rights of third parties. Please notify our team through our (VeRO) Program if you believe that your intellectual property infringement has been infringed. We will then deal with the matter according to our internal procedures.

This User Agreement, Traders Privacy Policy and all policies available on our site constitute the entire agreement between you and Trader.

The following provisions shall continue to apply upon termination of this User Agreement: Fees (in respect of any fees you owe us), Content, Liability, Compensation, Disputes and the Indemnity Liaison in this paragraph other. You may contact us on [email protected]