These are the terms and conditions governing your use of the website www.cMela.com (hereinafter referred to as "the Site") and the general principles for the websites of our affiliates and constitutes your binding obligations towards cMela.com (hereinafter referred to as cMela.com). This Agreement is effective upon acceptance in registration for new registering users; cMela.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective 7 days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and cMela.com. The User Agreement was last revised on August 18, 2008. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of cMela.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a cMela.com user. Please note: underlined words and phrases are links to these pages and websites.
Article 1
Eligibility of Membership
________________________________________
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" including minors, are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. cMela.com reserves the right to terminate your membership and refuse to provide you with access to the Site if cMela.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by cMela.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.
You agree to:
2.1. Provide true, accurate, current and complete information about yourself as prompted by cMela.com's registration form (such information being the "Registration Data")
2.2. You must not include any of your contact details such as email addresses or mobile number etc in your username or use words that may be termed profane or provocative to others.
2.3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if cMela.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, cMela.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Article 2
Communication & Fees
________________________________________
1. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. cMela.com after the registration process may send you promotional emails that announce new changes and features added to the site to enhance your e-commerce experience as well as any special promotional sales that may be hosted by cMela.com.
2. Fees and Services.
Membership on the Site in its beta stage is free. cMela.com does not charge any fee for browsing, bidding and buying on the Site. cMela.com charges Transaction Fees to all sellers when their item is successfully sold. Before you list an item for sale through the Site, we request you to review our Fees which are hereby incorporated by reference into this agreement. The Fee Charging on cMela.com is effective from August 2008. However, cMela.com reserves the right to change its Fee Charging policy from time to time. In particular, cMela.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event cMela.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging policy shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Pakistani Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, etc. levied thereon. cMela.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Article 3
Use of the Site
________________________________________
1. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
1.1. "Your Information" is defined as any information you provide to us or other users of the Site in the registration, bidding, buying, ordering or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
1.2. Your Information (or any items listed):
1.2.1. shall not be false, inaccurate or misleading;
1.2.2. shall not be fraudulent or involve the sale of counterfeit or stolen items;
1.2.3. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
1.2.4. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, cMela.com does not permit transactions in the following items:
1.2.4.1. "Securities", including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
1.2.4.2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws.
1.2.4.3. Weapons of any description.
1.2.4.4. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, palliative/curative substances.
1.2.4.5. Religious items, including books, artifacts, etc. of any description or any other such item which are likely to affect the religious sentiments of any person.
1.2.4.6. "Antiquities" and "Art Treasures" as detailed in the local laws pertaining to antiquities and National Treasures.
1.2.4.7. Used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership.
1.2.5. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
1.2.6. Shall not be obscene or contain pornography or contain any "indecent representation of women or men."
1.2.7. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
1.2.8. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
1.2.9. Shall not link directly or indirectly to or include descriptions of items, goods or services that:
1.2.9.1. Are prohibited under the User Agreement or any other applicable law for the time being in force
1.2.9.2. Are identical to other items you have up for sale but are priced lower than your item's price or minimum bid amount;
1.2.9.3. Are concurrently listed for sale on a web site other than the cMela.com Site; or
1.2.9.4. You do not have a right to link to or include.
1.3. Solely to enable cMela.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. cMela.com will only use Your Information in accordance with the User Agreement.
1.4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right, title and authority to deal in and offer for sale such items, goods or products.
1.5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform cMela.com of the same.
1.6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.
1.7. You shall comply with all applicable Domestic and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the
Bidding and Buying section) at any place outside Pakistan.
1.8. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
Article 4
cMela Provides a Platform Service Only
________________________________________
1. Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. cMela.com is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
1.1. cMela.com is not responsible for any non-performance or breach of any contract entered into between Users and in the event of a dispute, it will only act as an arbitrator. cMela.com reserves the right to make any decision on behalf of the buyer and seller and will subsequently initiate refunds or returns based solely on the information provided at the time of a dispute claim. If documentary evidence is not provided on any fraud claim, cMela.com will not entertain the dispute from that party.
1.2. cMela.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, cMela.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Site. cMela.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
1.3. cMela.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
1.4. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. cMela.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with cMela.com nor shall cMela.com have any obligations or liabilities in respect of such contract. cMela.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
1.5. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
1.6. You release and indemnify cMela.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, cMela.com cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Article 5
Privacy & Payment
________________________________________
1. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States and Pakistan that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.
Article 6
Privacy & Payment
________________________________________
1. Payment
cMela.com acts as an escrow for payments made by the buyer to the seller. We auto deduct fees as specified in our fee schedule before releasing payment held in escrow to the seller. By providing an online payment facility on the Site cMela.com is merely facilitating the making of online payments by buyers as per their contractual obligations to the sellers on the Site and cMela.com is not involved in the process of buying and selling of items on the Site. All sales and purchases on the Site continue to be bipartite contracts and cMela.com is not responsible for any non-performance or breach of any contract entered into between the buyers and the sellers. cMela.com is merely a platform for communication as set out in the section above.
Article 7
Breach of Agreement
________________________________________
1. Breach
Without limiting other remedies, cMela.com may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
1.1. If you breach the User Agreement or the documents it incorporates by reference;
1.2. If cMela.com is unable to verify or authenticate any information you provide; or
1.3. If it is believed that your actions may cause legal liability for you, other Users or cMela.com.
cMela.com may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with cMela.com or use the Site in any manner whatsoever until such time that such User is reinstated by cMela.com. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, cMela.com reserves the right to recover any amounts due and owed by you to cMela.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division at the Federal Investigative Authority in Pakistan/ initiating criminal proceedings against you.
Article 8
Bidding and Buying
________________________________________
1. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy and Order format) on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. cMela.com strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids or buyer and order checkouts may result in prosecution by cMela.com. As a Winning buyer you must contact the seller within 48 hours of auction closing successfully. Please be aware that even if you do not give cMela.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As buyers on the Site we encourage you to post feedback on the seller after the listing is closed. In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Site you agree that the Artwork shall not be exported out of Pakistan or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
2. Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
2.1. Price: The higher price bids always supersedes the lower price bids;
2.2. Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede.
cMela.com's decision on the success of a bid, purchase or order shall be final and binding. It reserves the right to reject or void bids, purchases and orders whether winning or not, that are deemed not to have been made in good faith, or that are restricted or prohibited.
3. Buyer Protection Program
The Buyer Protection Program seeks to assist buyers who have been defrauded by sellers on the site. If a buyer has purchased an item via our payment process and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Buyer Protection Program. The coverage under this program is restricted to the value of the item.
For this purpose the buyer needs to file a complaint within 48 hours of receiving the item. If the seller is found guilty of defrauding the buyer for which cMela.com has reimbursed the buyer, the sellers account on cMela.com could be blacklisted and cMela.com will restrict payment to seller till the buyer and seller have resolved the dispute or cMela.com has passed a verdict on the dispute. Any person who knowingly, and with intent to injure, defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Article 9
Selling & Hosting Auctions
________________________________________
1. Selling
As a registered member, you may list item/s for sale on the Site. You must be legally able to sell the item(s) you list for sale on our Site. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the item listing or elsewhere on the Site other than in the Registration data and classifieds listing data is expressly prohibited and would be considered as a breach of the User Agreement. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product.
If you receive at least one bid at or above your stated minimum price you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must contact the Winning buyer within 48 hours of item selling successfully and supply the item to the Winning buyer in a merchantable condition within 48 hours of receiving payment confirmation from cMela.com.
2. Auction Close
An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on cMela.com.
Article 10
Providing Feedback
________________________________________
1. Feedback
We encourage buyers and sellers on the Site to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. cMela.com will not be responsible for the feedback that you post on the Site and you should be careful about making comments that are not factual in nature.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, cMela.com reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Site.
You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by cMela.com, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your cMela.com feedback rating in any venue other than on the Site.
Article 11
Warranty & Liability
________________________________________
1. No Warranty
cMela.com and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
2. Limitation of Liability
In no event shall cMela.com or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence). cMela.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to cMela.com. cMela.com, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, cMela.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
2.1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
2.2. Any interruption or errors in the operation of the Site. You expressly understand and agree that cMela.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if cMela.com has been advised of the possibility of such damages).
3. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and cMela.com and you shall have no authority to bind cMela.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to cMela.com Attn: Legal Department at 101 W, Al-Khair Plaza, Fazl-ul-Haq Road, Blue Area, Islamabad (in the case of cMela.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, shipping prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
5. Arbitration
If any dispute arises between you and cMela.com during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by cMela.com. The place of arbitration shall be Islamabad, Pakistan. The Local Arbitration & Conciliation laws; shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
6. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of the Islamic Republic of Pakistan. |
